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...
How Can I Insure My Foreign Direct Investment ?
Investments are inherently risky, but when you choose to make an investment in a foreign country, your risk may go up. So, how can you insure your foreign direct investment (FDI) and also mitigate potential risks? Here are some factors to consider:
1. Insuring your Investments with Political...
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What Is Third-Party Funding?
Third-party funding occurs when a third-party investor who is not involved in the legal dispute agrees to cover all or part of the legal (and related) expenses of litigation or arbitration. In return, if the party involved is successful, the funder will receive a percentage of the amount awarded. While originally used...
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International Joint Ventures vs. Partnerships: Key Differences
When it comes to handling disputes, arbitration is a popular alternative to court litigation. The American Arbitration Association (AAA) is a well-known organization that provides arbitration services for businesses and individuals alike. Within the AAA, there are two types of arbitration -- International Centre for Dispute Resolution (ICDR) and Non-ICDR. Understanding the...
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