Laws, treaties and soft law
“Our hands are tied”: US appeals court reluctantly upholds Guatemalan hydro award
A US appeals court has reluctantly dismissed a bid to annul a US$7 million ICC award concerning a Guatemalan hydroelectric project, finding it is bound by previous rulings in which it has “gotten it wrong” on the key issue, despite them clashing with Supreme Court precedent.
08 June 2022
Nigeria passes new arbitration law and allows funding
Practitioners in Nigeria are celebrating after the country passed a new arbitration and mediation law including new provisions on arbitrator immunity, interim measures and third-party funding.
16 May 2022
Legal finance and success fees in arbitration
As Hong Kong’s legislature considers a bill to allow success fees in arbitration, Kathryn Sanger and Briana Young of Herbert Smith Freehills and Emily Tillett of Burford Capital consider how such fee structures may intersect with the legal finance industry.
13 May 2022
Turkmenistan joins New York Convention
Following a recent transfer of presidential power from father to son, Turkmenistan has become the 170th country and last former Soviet state to accede to the New York Convention.
11 May 2022
Will US face treaty claims over oligarch measures?
US President Joe Biden’s proposals to make it easier to sell off assets of Russian oligarchs in response to the war in Ukraine could lead to investment arbitrations against the United States, but practitioners are doubtful that such claims would succeed.
29 April 2022
Three decades after signing, Kyrgyzstan finally joins ICSID
Kyrgyzstan is finally to become a party to the ICSID Convention, which it signed 27 years ago, in 1995, but never acceded to after a ratification instrument signed by the then-president mysteriously disappeared on the way to the Kyrgyz embassy in Washington, DC.
22 April 2022
“Freezing and seizing”: can Russia be made to pay?
An event at Paris Arbitration Week hosted by Queritius considered the potential for investors affected by the invasion of Ukraine to bring treaty claims against Russia – and how awards might be enforced.
04 April 2022
Hong Kong tables bill on success fees
Hong Kong has published a bill that would allow success fees in arbitrations and related court proceedings, bringing the special administrative region in line with other major arbitral seats.
29 March 2022
DIAC and LCIA reach deal
UPDATED. The Dubai International Arbitration Centre and London Court of International Court of Arbitration have reached a deal whereby the LCIA will administer all existing cases under DIFC-LCIA rules from London, after a decree issued by the government of Dubai six months ago effectively abolished the DIFC-LCIA Arbitration Centre.
28 March 2022
ICSID member states approve revamped rules
Member states of ICSID have approved long-awaited amendments to the centre’s rules for investment disputes, which promise to increase access, speed and transparency.
22 March 2022