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Joinder of Claims in ICSID Arbitration: What is the Same “Subject Matter”?

Investment law proceduralists will find much room for debate in the recent decision of a divided ICSID Tribunal, denying the application of an American investor to join additional claims in a BIT arbitration against the former Soviet republic of Georgia. (Itera International Energy LLC and Itera Group NV v. Georgia, ICSID Case No. ARB/08/7, Decision […]

Arbitral Discretion to Refuse Tactical Adjournment Requests

One of the dilatory tactics commonly employed by litigants in the arbitration process is the tactical request for adjournment of hearings. Many arbitrators, reluctant to invite a challenge to the award based on alleged procedural unfairness, will succumb to adjounment request even if it is transparently tactical and dilatory. Arbitrators whose instincts are to resist […]

“Investments” in Investment Arbitration: A New Installment in the Jurisprudence

What liberty of contract do State parties to a bilateral investment treaty have to define broadly the category of “investments” that may be the subject of arbitration between one Contracting State and an investor of the other? The arbitral tribunal in Romak S.A. v. Republic of Uzbekistan (PCA Case No. AA280, available at Permanent Court […]

Third Circuit Reaffirms Core NY Convention Principles

The U.S. Third Circuit Court of Appeals has issued an important reaffirmation of certain core principles in the American jurisprudence of the New York Convention. In a “non-precedential” opinion that will nevertheless be very persuasive in future cases, the Court: 1. Declared, consistent with prior case law in other federal courts, that Convention Article V(1)(e)’s […]

Exclusive State Court Jurisdiction Over Motions to Vacate Convention Awards?

Does Chapter Two of the Federal Arbitration Act confer federal subject matter jurisdiction, in a federal district court at the seat of the arbitration, over a motion to vacate a Convention award? A senior federal district judge in Chicago has raised this issue, sua sponte, in an action to vacate a Convention award that was […]