Skip to main content

Features

Our monthly features from staff and contributors provide analysis and commentary on topical issues relating to ADR.

Micula v Romania – Appeal Allowed

Following an ICSID Tribunal’s decision to award the Micula brothers substantial damages against Romania, the Micula brothers began enforcement proceedings and the award was registered ex parte in the High Court.
3 July 2017 | Features

'New Generation' BIT between Morocco and Nigeria

In December 2016 Morocco and Nigeria signed a new bilateral investment treaty (BIT) with the objective of promoting and protecting “co-operation between the Parties in order to facilitate and encourage mutual investment” (Article 2). This article will address the most relevant provisions put forward by this “new generation” BIT.
3 July 2017 | Features

Investment arbitration consideration in Post-Brexit UK

One year ago, the UK expressed its wish to withdraw from the EU in a referendum. Since no other EU Member State had left the EU before, the wish to withdraw the UK’s EU membership raised a series of uncertainties.
3 July 2017 | Features

Singapore’s new Mediation Act – raising the bar to new heights in the dispute resolution arena

With mediation becoming more globally fashionable, the Singapore Government in January 2017 passed into law a Mediation Statue (“Mediation Act”) to further solidify its innovative approach to assist disputants in resolving their difference in a cost and efficient manner.
7 June 2017 | Features

Can't Pay, Won't Pay - Does Failure to Pay Give Rise to the Right of Termination?

Failure to pay on time, and even failure to pay at all, is unfortunately a common feature of the construction industry. A question that often arises is whether a party that has not been paid on time can terminate the contract due to the failure to make payment.
7 June 2017 | Features

Arbitration Reforms in Australia

On 22 March 2017, the Civil Law and Justice Amendment Legislation Bill was introduced into the upper house of the Federal Parliament. Sabina Adascalitei MCIArb lists which changes seem to be most relevant to the international arbitration arena.
1 June 2017 | Features

ECJ Opinion on EU-Singapore FTA

In mid-May, the European Court of Justice gave its Opinion on the EU competence to conclude the Free Trade Agreement with Singapore. Sabina Adascalitei MCIArb outlines which disputes the Opinion resolves.
1 June 2017 | Features

Paris Bar Council Welcomes Third Party Funding

On 21 February 2017, the Paris Bar Council adopted a resolution to confirm its support for third-party funding. Sabina Adascalitei MCIArb looks at the implications of the Council's decision.
1 June 2017 | Features