SOAS Arbitration Report 2018 Bolsters Conversation on Arbitration in Africa

By Osasiuwa Edomwande (Counsel at Chronicles Advisory in Lagos)

On 2 May 2018, the maiden edition of the School of Oriental and African Studies (SOAS) Arbitration in Africa Survey was launched at the SOAS Arbitration in Africa Research Conference in Kigali, Rwanda. The survey, conducted using an online questionnaire, focused on perspectives of African arbitration practitioners in domestic and international arbitration. Continue reading SOAS Arbitration Report 2018 Bolsters Conversation on Arbitration in Africa

The Investor-State Dispute Settlement System: The Road To Overcoming Criticism

By Justine Touzet, Member of the Paris and New York Bar, Associate at Savoie Arbitration in Paris and Marine Vienot de Vaublanc, Member of the Paris Bar, LLM Candidate in International Dispute Resolution, Fordham School of Law

Recent events such as the NAFTA re-negotiations have drawn leading newspapers around the world to turn their attention to ISDS tribunals. Often in an effort to make their stories sensational, they speak of “obscure tribunals,” “secret trade court,” and “justice behind closed doors,” most of the time giving it an unfair and biased image.

In this context, the UN Commission on International Trade Law entrusted the Working Group III (the Working Group) with a broad mandate to work on the possible reform of the ISDS framework.  The Working Group is one of the six working groups to perform the substantive preparatory work on topics within the Commission’s program of work. Within its mandate, the Working Group is working on identifying and considering expressed concerns about ISDS (I) and desirable reforms and solutions to be recommended to the Commission (II).

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Will Mexico Lead The Next Wave of Investment Arbitration Claims?

By Damián Vallejo (International Arbitration Consultant at Cooley LLP, New York)

Mexico will hold its general elections (including presidential election) on July 1st. Whilst a center-right president is currently governing the country, Enrique Peña Nieto from the Partido Revolucionario Institucional (Institutional Revolutionary Party), the favorite candidate to win the upcoming elections is Andrés Manuel López Obrador (“AMLO”), according to the latest polls.

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Slovak Republic v. Achmea: When politics came out to play

by Vivek Kapoor (Stephenson Harwood)

The Court of Justice of the European Union (“CJEU”) is not an ordinary court but a political court, which means that it is strongly influenced in making its decisions by the political beliefs of the European Commission. The 6 March 2018 judgment of the CJEU’s Grand Chamber in Slovak Republic v. Achmea BV is a reminder; with a preordained weltanschauung and political outcome, the CJEU then proceeded to forge the jurisprudential basis.

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Arbitration under the Lebanese Public Private Partnership Law

By Michel Nassar (Saas Avocats)

On 9 September 2017, Lebanon passed Law No. 48 “Regulating Public Private Partnerships” (“PPP Law”) ahead of the CEDRE Conference (acronym in French for “Economic Conference for Development, through Reforms and with the Businesses”) held in Paris on 6 April 2018. This conference brought USD 11 billion of funding for Lebanon’s infrastructure which is in a critical state.

This most awaited law is based on a draft prepared in 2010 by the Lebanese High Council for Privatization and Public Private Partnership (“PPP”). The law was finally enacted just in time for the CEDRE Conference. As PPP is the preferred vehicle for foreign investments, the new law paves the way for a more prevalent choice for arbitration as dispute resolution mechanism.

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