Tag: admissibility
Showing 8 out of 8 results
GERMAN FEDERAL COURT OF JUSTICE RULES ON APPLICATIONS TO DECLARE TWO PENDING INTRA-EU ICSID ARBITRATIONS INADMISSIBLE
In a recent post on our Public International Law Notes blog, Dr. Patricia Nacimiento, Dr. Bajar Scharaw, Dr. Alessandro Covi and Dr. Lara Panosch …
GIVE MANDATORY MEDIATION A CHANCE: INSIGHTS FROM THE LCAM-HSF SURVEY ON COMPULSORY MEDIATION
Study shows support by members of the dispute resolution community for some degree of mandatory mediation in both litigation and arbitration proceedings. …
FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS "THE MASTER OF ITS OWN PROCEDURAL RULES" AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS
ENGLISH COURT CONFIRMS THAT PRE-CONDITIONS TO ARBITRATION ARE AN ISSUE OF ADMISSIBILITY AND NOT JURISDICTION
English Court rules that pre-conditions to arbitration are not matters of jurisdiction
No jurisdiction over BIT claims if investor fails to state a prima facie case
In Achmea BV v The Slovak Republic (PCA Case No. 2013-12), the tribunal considered the respondent’s objection that it lacked jurisdiction on the ground …
Herbert Smith Freehills contributes to Transnational Dispute Management's (TDM) 10th Aniversary Issue
September saw the release of TDM Journal's special aniversary issue: Ten Years of TDM. The TDM Journal is a comprehensive and innovative …
Cert petition in the BG v Argentina case: No support from the US Solicitor General
In the latest development in Argentina’s challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued that …