Publications

The Overlap Between Insolvency Proceedings and Arbitration: The Potential for Abuse and Inconsistent Results?

Countless businesses are experiencing the detrimental financial effects of COVID-19. According to forecasts, insolvency rates will reach new record highs and in some cases even exceed those of the 2009 financial crisis. A large proportion of such disputes could ultimately be subject to arbitration, as this is one of the…

Digest of international mutual legal assistance (Chronique de coopération judiciaire)

This yearly digest provides analysis of court judgments relevant to interactions of legal orders, namely dialogue between state judges and arbitrators.

The Pan-African Investment Code as a Model for Negotiation on the Investment Protocol to the Agreement Establishing the African Continental Free Trade Area

The Pan-African Investment Code (PAIC), as the first African model investment treaty, has received harsh criticism from investment experts who have labelled the instrument as 'too protectionist'. African experts drafted the PAIC to promote sustainable development by including non-traditional and ground-breaking features that concern Africa, making the model treaty a…

“Can Machine Arbitrators Issue Enforceable Awards? Consensus and Challenges Under the New York Convention and the UNCITRAL Model Law”

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

Can Machine Arbitrators Issue Enforceable Awards? Consensus and Challenges Under the New York Convention and the UNCITRAL Model Law

in Arbitraje y Nuevas Tecnologias, Themis, 377-396

The African Perspective: The Development of Investment Laws, the Pan-African Investment Code (PAIC), and the African Continental Free Trade Area in the “New Economic World Order”

Extract

Bilateral investment treaties (BITs) containing traditional clauses such as Most Favorite Nation (MFN), National Treatment (NT), and Free and Equitable Treatment (FET) have been used as old tools to protect Foreign Direct Investments (FDI) throughout the African continent. African states have formed different economic blocks in order to facilitate…

The UK-Japan CEPA Investment Protection Standards: A Glass Half Full?

The post argues that in the absence of a clear articulation of investment protection standards, the Japan-UK CEPA can only serve as an accord de principe, as it mirrors the characteristics of a framework agreement. Further, by examining the UK’s and Japan’s current investment policies, this blog considers possibilities…

Recent Developments in Third Party Funding Disclosures: A Concrete Move Toward Greater Transparency in Commercial Arbitration

CAS arbitration clause improper under EU law? The General Court of the EU disagrees

The General Court of the European Union, in case no. T-93/18 between the International Skating Union and the European Commission had to address the question whether the arbitration rules of ISU conferring exclusive jurisdiction on the Court of Arbitration for Sports in Lausanne with respect to appeals from ineligibility decisions…

CAS arbitration clause improper under EU law? The General Court of the EU disagrees

The article discusses the Judgment of EU's General Court of 16 December 2020 in the case file no. T 93/18. The Court had to address the question whether the arbitration rules of the International Skating Union (“ISU“) conferring exclusive jurisdiction on the Court of Arbitration for Sports in…