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Features

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

Case Report: Israel Sorin (IZZY) Shohat v Balram Chainrai

Mr Sohat, a businessman residing in Israel regularly introduced Mr Chainrai, a businessman residing in Hong Kong to business ventures in Israel. The initial dispute arose out of a business venture and in May 2011 the parties agreed to convert the legal proceedings initiated before the Israeli courts into arbitration.
31 August 2017 | Features

EU-Japan Partnership Agreement

At the 24th Summit between the EU and Japan held in Brussels on 6 July, leaders of both parties reached two agreements, an Economic Partnership Agreement (EPA) as well as a Strategic Partnership Agreement.
31 August 2017 | Features

Is mediation an option in investor-state disputes?

Investor-state mediation has traditionally received sceptical responses from the investment arbitration community. However, more recent developments show a growing interest in mediation, because of increased numbers of investor-state disputes, the high costs associated with investment arbitration or even as a preliminary step preceding arbitration.
31 August 2017 | Features

The Trump Effect on Arbitration

From the outset of his presidential campaign, the arbitration community was wondering – or rather worrying – how a possible President Trump would affect arbitration. Harald Sippel FCIArb and Amanda Lee FCIArb explore the ‘Trump Effect'.
15 August 2017 | Features

Third-Party Funding in Arbitration - Questioning its Scope in India

With the recent advent of the Arbitration and Conciliation (Amendment) Act 2015 and the establishment of the MCIA, India has yet again exhibited pro-arbitration behaviour. Kumudini Chattopadhyay provides more detail.
15 August 2017 | Features

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