Mar 29 2017
The International Council for Commercial Arbitration (ICCA) has announced the election of Gabrielle Kaufmann-Kohler as its next President.
Mar 16 2017
As per 1 April 2017, the following individuals join the ranks of the ICCA Governing Board.
Mar 16 2017
ICCA and ASIL have joined forces to establish the ICCA-ASIL Task Force on Damages to address an issue of particular importance, but too often overlooked, in the field of international arbitration: quantification of damages. The Task Force is calling on ICCA Members for suggestions on questions that the Task Force should address, and to draw the Task Force’s attention to articles and papers that members have written on matters falling within the Task Force’s remit.
Foreign investments are often made by means of a contract between the investor and an entity of the host governments. The article discusses how treaty-based tribunals approach disputes that arise out of such contracts.
International arbitration is increasingly recognized as a transnational system of justice, if not a genuinely autonomous legal order, sometimes labeled as the arbitral legal order. This evolution, however, continues to generate robust controversies on the extent of autonomy of international arbitration from national legal systems and the role, if any, that the seat of the arbitration should have over the arbitral process.
The role of national courts in international arbitration is a relatively well defined concept. National courts may intervene at the end of the arbitral process for purposes of the enforcement or review of an arbitral award; they may also intervene during the arbitral process, most frequently to assist the arbitral process, for example in relation to the constitution of the arbitral tribunal. Opinions differ, however, as to the extent to which national courts can and should interact with the arbitral process, and whether national court decisions rendered in relation to the arbitral process should be given transnational effect.