31.03.2026
It is unlikely that parties who chose to include an arbitration provision in their contract intended for arbitration to be conditional on a prior attempt to mediate the dispute, according to the English Commercial Court.
The findings made in a separate arbitration are not conclusive evidence and cannot be relied upon by the tribunal without affording the parties an opportunity to contest them, according to an ICSID Ad hoc Committee
“As a matter of construction of the ICSID Convention, awards made in arbitrations convened in accordance with it are not capable of assignment”, says the English High Court.
Parties seeking to challenge arbitral appeal awards (including FOSFA and GAFTA awards) must bring any challenge within 28 days from the date of the appeal award and not the date they receive it, according to recent decision.
An ICSID Tribunal sheds light on the tension between the fair and equitable treatment (FET) and the importance of investor due diligence
“Ad hoc arbitration and an institutional arbitration under the ICC Rules are fundamentally different beasts, and indeed have fundamentally different contractual consequences.”, according to English courts.
The ICSID annulment decision in LBKM v. Armenia “stands as the operative outcome” for the purposes of enforcement, and must be given full effect by domestic US courts.
An ICSID tribunal finds that long-term loan agreements qualify as “investments” under Article 1(6) of the ECT and Article 25 of the ICSID Convention, thus fulfilling the case-law requisites of contribution, duration and risk.
In Czech Republic v Diag Human SE, the Court of Appeal decided that, to qualify as an investor under the bilateral investment treaty, a legal entity from a third state must be de jure (rather than de facto) controlled by a qualifying national or entity.
A dispute resolution clause in a settlement or termination agreement supersedes a dispute resolution clause in an earlier agreement, according to a recent decision of the Chancery Division.
A charterer became subject to US sanctions shortly after his cargo was loaded and the shipowner was allowed to sell the cargo and deposit the proceeds into a blocked account, in a recent case. O v C [2024] EWHC 2838 (Comm): 8 November 2024 Facts: A cargo of naphtha was loaded on board the vessel
In the assessment of damages under a GAFTA Default Clause, where there has been no substitute transaction, the prima facie means of establishing the “actual or estimated value of the goods” is to be made on “as is where is” basis, this is, by reference to the price of a substitute sale or purchase in the available market.
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