by Andrii Hubai* The recent rise of third-party funding in international arbitration has opened a completely new dimension for arbitration itself. An opportunity of funding the parties of the process became a big deal breaker in many aspects that are visible at a first glance and those hidden behind the privacy clauses of funding agreements. … Continue reading Coming out of the Closet: Third-Party Funding in International Arbitration
Tag: commercial arbitration
Arbitration in Iran: With Focus on International Commercial Arbitration (Part II)
Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 of this post here) Part two – Article 139 of Iranian Constitutional Law, a fundamental challenge in arbitrability In case the national law of the place of arbitration or the law of the state where award enforcement is being sought imposes a restriction on referring … Continue reading Arbitration in Iran: With Focus on International Commercial Arbitration (Part II)
When Public Interests, State Strategy, and International Law Clash in One Confidential Commercial Arbitration
Ira Ryk-Lakhman* Much ink has been spilt throughout the years on States’ and the public interest’s role in international commercial arbitration. These issues are of particular importance where the litigants in a given arbitration come from neighboring – and not necessarily allied – states, and even more so when the particular neighborhood in question is … Continue reading When Public Interests, State Strategy, and International Law Clash in One Confidential Commercial Arbitration
Protecting International Commercial Arbitration in Europe
by Chris Wilford, Chartered Institute of Arbitrators* The current highly politicised debate surrounding the inclusion of investor-to-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP), which allows investors to bring claims against a State before an international arbitral tribunal, has brought arbitration into the spotlight. While ISDS is a special form of … Continue reading Protecting International Commercial Arbitration in Europe