Austrian Supreme Court: Without Participation, No Arbitration (Michael-Felix Schwarz)
The Right to be Heard, as part of the Right to a Fair Trial under Art. 6 of the European Convention on Human Rights (ECHR), is a cornerstone for the effectiveness and acceptance of arbitration law. Parties to arbitration proceedings must be heard on all points, including the appointment of the arbitral tribunal itself: If not all parties concerned have participated in the appointment of the arbitral tribunal, the arbitral award issued in these proceedings can typically be set aside by a national court. One special feature about shareholder resolutions is that they affect all shareholders and the company itself. […]
Rockhopper Revisited: How CETA Accommodates Environmental Protection (Anton Habeck)
With the drastic acceleration of climate change, international energy investment protection has come under intense scrutiny. Specifically, under the Energy Charter Treaty (ECT)[1] states are often held liable to pay massive damages to investors when pursuing a green energy transition.[2] The case of Rockhopper v. Italy under the ECT[3] is one example of a tribunal throwing a wrench in the works for states’ green energy transition by awarding more than € 190 million to a fossil fuel investor. The imbalance between investor protection and states’ public interests in a green energy transition has led to the European Union’s (EU’s) withdrawal […]
The Final Say: Courts, Tribunals, and the Future of Jurisdictional Challenges in Singapore (Shanelle Umarwadia)
Who has the final say on an arbitral tribunal’s jurisdiction—the tribunal itself or the courts? This question has long been a point of contention in international arbitration, particularly when a tribunal declines jurisdiction. In Singapore, judicial review of such negative rulings was made possible by a 2012 amendment to the International Arbitration Act (IAA), yet for over a decade, no challenge had successfully overturned a tribunal’s decision—until now. This article examines the recent landmark ruling in Frontier Holdings Ltd v Petroleum Exploration (Pvt) Ltd., where the Singapore International Commercial Court (SICC) broke new ground by overturning a negative jurisdictional ruling. […]
Three Common Misunderstandings about Arbitration in the Blockchain Ecosystem (Claudius Pietzcker)
Practitioners around the world promote arbitration as the prime method of resolving disputes involving crypto assets. Considering the current global cryptocurrency market cap of more than USD 3.5 trillion[1]—an increase of well over 1,500 per cent over the past five years[2]—this is unsurprising. Where there are transactions—be it in fiat or crypto currency—there will be disputes, and arbitration practitioners are naturally advocating for a share in this emerging disputes market. Among the most prominent arguments are those of arbitration’s flexibility including its purported adaptability to new technologies, its confidentiality, and its transnationality. Indeed there is a strong case for using arbitration in […]
Beyond BITs: Pakistan’s Quest for Sovereignty and Sustainable Development (Talha Ilyas Sheikh & Murtaza Mustansir)
Pakistan, the fifth most populous country, is home to a young and rapidly urbanizing population[1]. 64% of its people are under the age of 30[2]. Strategically, it connects South Asia, Central Asia, and the Middle East. According to a recent estimate, by 2075, the country’s economy is projected to become the sixth largest[3] in the world. With bold targets like Vision 2025 and its Investment Policy 2023, the nation aims to be in the top ten global economies by 2047. A Special Investment Facilitation Council (SIFC), co-chaired by civil and military leadership, has been newly established to rekindle the economy. […]