Topic: Competence-competence

A tribunal at the Permanent Court of Arbitration in The Hague has rejected India’s jurisdictional objections to a claim lodged by Pakistan over two hydroelectric power plants.

06 July 2023

At a keynote to mark the relaunch of CIArb’s Washington, DC chapter, independent arbitrator Michael Nolan addressed the United States’ distinctive approach to competence-competence and its implications for treaty-based arbitration.

19 April 2022

An ICSID tribunal has expressed its “grave concern” at the Netherlands’ decision to seek a German court declaration as to the admissibility of an EU investor’s Energy Charter Treaty claim – but for the time being has refused to recommend that the suit be withdrawn.

14 March 2022

The French Court of Cassation has ruled that US investors seeking to revive a US$125 million investment treaty claim against Poland through set-aside proceedings can present new jurisdictional arguments that they failed to raise before the arbitral tribunal.

03 December 2020