Topic: Issue conflicts

States’ obligations under the Energy Charter Treaty are potentially in conflict with those under international climate law, and arbitrators may have to integrate the two or decide that “one trumps the other”, according to a new study.

14 March 2022

The Swiss Arbitration Centre has refused to disqualify an arbitrator because of views he expressed in an academic article about advances on costs – while suggesting that arbitrators should think twice about publishing on “potentially sensitive issues” while they have cases pending.

07 March 2022

Baiju Vasani and Julia Cayre of Ivanyan and Partners consider recent proposals to address “double-hatting” in investment arbitration and warn that prohibiting the practice entirely could create more problems than it solves.

18 November 2021

Ukraine has failed to overturn the enforcement of a US$112 million investment treaty award won by Russian oil and gas producer Tatneft – despite a finding by the Commercial Court in London that the majority of the damages awarded related to an illegal purchase of shares.

24 November 2020

Germany has failed in a second attempt to disqualify the ICSID tribunal hearing a €4.7 billion claim brought by Swedish company Vattenfall over its phase-out of nuclear energy – after arguing that an arbitrator’s failure to disclose an alleged issue conflict and the tribunal’s refusal to delay a hearing in the face of the covid-19 pandemic showed bias.

09 July 2020