Following latest International Centre for Settlement of Investment Disputes (ICSID) case law on the subject (Bear Creek Mining Corporation v Republic of Peru), foreign investors are advised to take extra care when making investments in socially unstable and environmentally sensitive parts of the world. This may mean that investors might have to bear contributory responsibility … Continue reading The Creaking Bear: latest developments in investment arbitration in environmentally sensitive projects
The civil unrest that was at the root of the Arab Spring has given rise to a series of investor state claims. Many of these have been brought against a Middle East and North Africa (MENA) host state in arbitration, typically under a bilateral investment treaty (BIT) between the country of the foreign investor and … Continue reading Investment arbitration in the Arab Spring: first lessons
The UK’s exit from the EU has somewhat sunk into people’s minds since the British referendum vote on leaving the EU in June last year. That vote, no doubt, sent shock waves far beyond the shores of the British Isles. It has, to some extent, marginalised the UK on the EU political stage, the UK … Continue reading Brexit and the prospects of investor-state arbitration against the UK: laming, claiming and blaming
This year so far has dealt a severe (some may say mortal) blow to the Dubai International Financial Centre (DIFC) Courts’ status as a conduit jurisdiction. The case law of the Joint Judicial Tribunal (the JT) – a judicial body composed of both onshore Dubai and offshore DIFC Court judges and formed by the Ruler of … Continue reading The DIFC Courts’ conduit jurisdiction: time for a post mortem?
This is the third and final part of a series of three blogs that have discussed in some detail the provisions of the new United Arab Emirates (UAE) Federal Arbitration Law and their prevailing similarities to the existing provisions of the UAE Arbitration Chapter. The comparison so far has shown that the provisions of the … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 3)
In Part 1 of this blog, I discussed in some detail the historical background of the United Arab Emirates (UAE) Federal Arbitration Law and its imminent adoption. The discussions in Part 1 also showed that the procedural framework for arbitrations under the Federal Arbitration Law, including in relation to the formation of the arbitration agreement, … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 2)
After a long period of gestation, the UAE Federal Arbitration Law is now likely to become a reality: its enactment is scheduled for later this year, having recently been approved by the UAE National Assembly and the Cabinet of Ministers and now awaiting signature by the President of the UAE, Sheikh Khalifa bin Zayed bin … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 1)
In light of the most recent case law precedent, the development of the relationship between the onshore Dubai and the offshore Dubai International Financial Centre (DIFC) courts has taken a very unfortunate turn. Since 2004, the DIFC courts have been evolving into a common law forum of choice as an alternative to the onshore civil … Continue reading Dubai courts v DIFC courts: just a jurisdictional stand-off or an outright declaration of war?
In a sequence of recent rulings starting in 2015, the Dubai courts have confirmed that the doctrine of apparent authority does, after all, apply to the formation of arbitration agreements. The former prevailing position was that apparent authority did not have a place in arbitration, which requires a special (rather than just a general) power of … Continue reading Dubai onshore and offshore courts confirm application of apparent authority to arbitration under UAE law