Practical Law

This is the second part of a two part blog regarding the emergence in recent years of specialised arbitral institutions/courts which provide industry specific rules, procedures and decision makers. The first part looked at the worlds of art, sport and finance, while this second part will look at the sectors of energy, construction, aviation/aerospace and … Continue reading The era of specialised arbitration: Part two: Energy, construction, aviation, maritime →

In international commercial arbitration, the key arbitral institutions (ICC, LCIA, SIAC, HKIAC, SCC) are generalist institutions. They are not industry specific and can administer a dispute relating to just about anything commercial. However, in recent years, certain specialised arbitral institutions/courts have emerged which provide industry specific rules, procedures and decision makers. This blog, divided into … Continue reading The era of specialised arbitration: Part one: Art, sport, finance →

The short answer is no. Bilateral investment treaties (BITs) are international treaties between two states where the states provide investors with a range of protections when they make foreign direct investments. But it is a little known fact that some of the most popular places in which investment vehicles are incorporated do not provide investors … Continue reading Do companies registered in British Overseas Territories and Crown Dependencies have adequate investment protection? →

There have been five rounds of North American Free Trade Association (NAFTA) renegotiations thus far, but seemingly little progress regarding Chapter 11 – the investor-state dispute settlement (ISDS) chapter. While Canada and Mexico both favour keeping Chapter 11 with some tweaks and improvements, the US seems to have a different view entirely, wanting either dramatic … Continue reading Can the CETA model solve NAFTA’s ISDS problem? →