Which Tribunal Should You Decide on?
When parties involved in international business transactions have a dispute that they cannot resolve through negotiation, they turn to arbitration as a means of alternative dispute resolution. One of the key advantages of arbitration over litigation is the ability to select the arbitral tribunal that will hear the...
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Contracting with a Government
Contracting with a government can be a lucrative business opportunity, but it comes with a lot of challenges. One such challenge is the potential investor-state dispute settlement. The investor-state dispute settlement (ISDS) is a mechanism through which investors can sue governments for perceived discriminatory practices. This mechanism is intended to protect foreign...
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United States Emerges as Top Foreign Direct Investor in Morocco
Over the years, Morocco has been a favorite destination for foreign direct investment across various sectors of its economy and France remained the top Investors in the region. However, in recent times, the United States has emerged as the top foreign direct investor in Morocco, with its investments across diverse sectors of...
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Force Majeure in ISDS (Investor-State Dispute) Settlement
Investing in foreign countries poses great risks to investors. One of the biggest risks is the possibility of disputes happening with host states. These disputes can lead to expensive and time-consuming investor-state dispute settlement (ISDS) procedures. One issue that may arise in these cases is the application of force majeure, which can...
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Breaking Down the Cost of International Arbitration
International commercial arbitration and investor-state dispute settlement are crucial to the resolution of disputes between parties from different countries. They provide a path to resolving disputes outside of the often-lengthy judicial processes that can eat up precious time and resources. However, this process comes at a cost, and understanding these costs is...
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What is Lex Arbitri in International Arbitration?
In the field of international arbitration, lex arbitri is an essential concept to understand. It refers to the procedural or substantive law that governs an arbitration agreement or the arbitral proceedings themselves. The selection of the lex arbitri can significantly impact the outcome of the arbitration and parties' expectations. This blog post...
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PPP Contracts: Can You Negotiate?
Public-Private Partnership agreements have become a popular option for governments worldwide in delivering infrastructure and other social services. PPPs are relationship contracts between private firms and public institutions that provide a framework for collaboration in particular nations or regions. PPP contracts are commonly comprehensive documents that regulate the management of funds, governance...
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Investment Treaty Enforced vs Not Enforced
International arbitration is a complex mechanism that allows parties from different legal systems to solve commercial disputes outside of national courts. It is becoming increasingly popular among investors as a mean to solve investment disputes with host states. However, when it comes to investment disputes, there is another crucial factor to consider:...
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Exploring Different International Arbitration Institutions: A Comparative Overview
International arbitration is a popular form of dispute resolution used by multinational corporations and states for resolving disputes outside of courts. The process involves the appointment of one or more neutral arbitrators to make a binding decision on the dispute in question. In this article, we will be exploring different international arbitration...
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What is Arbitration? Local vs. International
Arbitration is a form of alternative dispute resolution that is commonly used as an alternative to traditional court proceedings. It offers a faster, more cost-effective, and often more confidential way to resolve disputes. In this blog post, we will discuss what arbitration is, how it works, and the key differences between local...