- February 15, 2023
Section 57 of the Arbitration Act: an under-valued tool in the arbitration toolbox
Faced with an unsatisfactory arbitral award, a party may turn its mind to the potential recourse available under the Arbitration Act 1996 (AA 1996). That may include sections 67 to 69 of the AA 1996, which allow a challenge to be brought to an award based on, respectively, a lack of substantive jurisdiction, a serious procedural … Continue reading Section 57 of the Arbitration Act: an under-valued tool in the arbitration toolbox →
- October 11, 2022
The international legal framework for space mining is becoming less of an alien concept
The first mission of NASA’s Artemis Program, Artemis 1, is scheduled to launch at 12.07am EST on Monday 14 November. The Artemis Program seeks, among other things, to re-establish a human presence on the moon for the first time since the Apollo 17 mission in 1972, as well as to establish sustainable exploration of the … Continue reading The international legal framework for space mining is becoming less of an alien concept →
- August 3, 2022
Three things you need to know about the modernisation of the ECT
The actions of states relating to the introduction, withdrawal or amendment of policy measures explicitly developed to meet climate goals has caused investment treaty arbitration to become a battleground for the settlement of international climate-related disputes. Against this backdrop, on 24 June 2022, the Energy Charter Conference confirmed that, after five years of negotiations, its … Continue reading Three things you need to know about the modernisation of the ECT →
- November 10, 2020
Adamakopoulos v Cyprus may provide a blueprint for “mass claims” in investment arbitration
Claims brought by more than one investor are not unusual in the investor-state context, even where the claims are brought by claimants of different nationalities under several treaties. However, such claims have typically emanated from one investment operation, such as where a single claim is brought by joint venture partners in relation to their respective … Continue reading Adamakopoulos v Cyprus may provide a blueprint for “mass claims” in investment arbitration →
- April 30, 2020
Riding with stabilisers: using stabilisation clauses to hedge sovereign risk
Where an investment involves a long-term contract with a state or state-owned counter-party, the investor is exposed to the risk that the state has the power at any time to change the legal regime applicable to the contract. How can an investor protect against that risk?
- August 22, 2017
Space mining: the final frontier in international arbitration?
Mining of natural resources such as water, minerals and precious metals in space is close to becoming a reality. With it comes a potential new field of disputes ideally suited for resolution by international arbitration.
