The bilateral investment treaty (BIT) between Turkey and Uzbekistan (Turkey-Uzbekistan BIT) that was signed on 28 April 1992, which aimed to promote investment in the contracting states and provide protection to the investments of international investors in Turkey as well as Turkish investors in Uzbekistan against non-commercial risks in the framework of international law, is one of the 98 BITs that Turkey signed with other countries. It has been in force since 18 May 1995. Continue reading
The modern approach of English law to arbitration (as reflected in the English Arbitration Act 1996 (AA 1996)) reflects the core principle of party autonomy: see the Departmental Advisory Committee on Arbitration Law Report on the Arbitration Bill (DAC Report) at paragraphs 19-22. Continue reading
Cyber criminals, such as hackers, pose an increasing threat to the security of our virtual world and have claimed a long list of victims from celebrities to governments. In a post-WikiLeaks world, participants in international arbitration have not been spared. In 2015, in the course of an arbitration between China and the Philippines over disputed territory in the South China Sea, the website of the Permanent Court of Arbitration in the Hague, the Philippines’ Department of Justice and the law firm representing the Philippines were hacked. This incident underscores the fact that every participant in an arbitration needs to consider these risks, and that data associated with any arbitration is only as secure as the weakest link in the chain through which that information passes. Continue reading
Africa continues to attract significant foreign investment, fuelled by rapid urbanisation, technological growth and a rising demand for basic services and infrastructure development. The associated upsurge in cross-jurisdictional disputes involving African parties, many of which are referred to arbitration rather than conventional civil court process, is evident from the annual case load statistics released by major international arbitral bodies. Continue reading
So you’ve settled your jurisdictional turf war, stayed court proceedings in favour of arbitration and finally have a conflicts-free tribunal. The next major tussle is likely to be over the procedure to be followed in the arbitration. Of the various issues to be determined, there is probably no more consequential decision than that of whether to adopt a procedure based around continental-style memorials or common law-style pleadings. Although the memorial approach is becoming increasingly common in commercial arbitrations, it is also not unusual for a pleadings approach to be followed and it is important for practitioners to understand the differences and to think critically about which approach is appropriate for their case. Continue reading
On 3 August 2018, the International Centre for Settlement of Investment Disputes (ICSID) published its working paper on potential rule amendments, citing its desire to incorporate the case experience gained and lessons learnt from over 650 ICSID cases into the rules. One of the key new proposed rules requires compulsory disclosure (or notice) of third-party funding. ICSID justified the inclusion of this rule by claiming that it would guard against conflicts of interest between third-party funders and arbitrators. Continue reading
This blog is published in two parts. Part 1, which was published in March this year, provided some background to dispute resolution in the banking and finance sector, highlighting in particular the apparent inaptitude of conventional dispute fora, such as the courts, to deal with Islamic finance disputes adequately. This part 2 addresses how arbitration as an alternative form of dispute resolution can assist in providing Shari’a-compliant solutions where conventional dispute resolution through the courts fails. In doing so, it makes the case for semi-secular arbitration, a form of arbitration that combines Islamic and secular elements to ensure a Shari’a-compliant outcome. Continue reading
The Inter-Pacific Bar Association (IPBA) is an organisation with some similarities to the International Bar Association (IBA), with a regional focus on Asia-Pacific. Its annual conference (the 29th) was this year in Singapore between 24 and 27 April 2019. The conference was well attended by lawyers, experts and various others with an interest in the Asia-Pacific region. This does not necessarily mean that the attendees were from the Asia-Pacific region, and in recent years there has been a notable increase in the number of attendees from Europe and other areas outside Asia-Pacific (including barristers from England). Continue reading
One of the main reasons that parties choose to arbitrate is the ability to select their own arbitrators. Parties are able to choose arbitrators that, they believe, will have the requisite expertise to resolve their arbitration effectively. This ability has now evolved somewhat and parties are increasingly carving out discrete issues to be resolved by an independent expert selected by the parties. Continue reading
A week before Christmas 2018, the Rules on the Efficient Conduct of Proceedings in International Arbitration (Prague Rules) were published. The title suggests that, without them, arbitral proceedings are condemned to be inefficient. The prefatory note from the working group reinforces that impression: Continue reading