Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?

by Avani Agarwal In November 2012, Gary Born proposed the idea of a Bilateral Arbitration Treaty (BAT), in a speech aptly titled “BIT’s, BAT’s and Buts” (available as an essay in the 13th Young Arbitration Review). He suggested developing a system of international treaties whereby countries decide that a particular set of international disputes (such… Read More Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?

Save the Date: 15 February 2019 – IV Annual Conference of the Belgian Chapter of the CEA – Arbitration and ADR in BIG construction projects of strategic infrastructure

EFILA is proud to announce the IV Annual Conference of the Belgian Chapter of the CEA regarding “Arbitration and ADR in BIG construction projects of strategic infrastructure”. Brussels, Friday 15th February 2019 – 13:30 to 19:00Jones Day’s offices – Rue de la Régence 4, 1000 Bruxelles 13:30 Registration of participants 14:00 Welcome remarks Vanessa Foncke,… Read More Save the Date: 15 February 2019 – IV Annual Conference of the Belgian Chapter of the CEA – Arbitration and ADR in BIG construction projects of strategic infrastructure

The Notion of “Material Breach” as the Ground to Terminate an Inter-State Arbitration Agreement (Compromis): A Criticism over Croatia v. Slovenia Tribunal’s Approach

Trinh Ba Duong (Geneva MIDS)[1] Croatia v. Slovenia is an exceptionally rare case which deeply touched the matter of terminating an arbitration agreement between two states, particularly a compromis.[2] The dispute addressed in the partial award arose in the context that there was an ex parte communication between Dr. Jernej Sekolec, the arbitrator appointed by… Read More The Notion of “Material Breach” as the Ground to Terminate an Inter-State Arbitration Agreement (Compromis): A Criticism over Croatia v. Slovenia Tribunal’s Approach