A subcontract was concluded on behalf of a German contracting authority between a contractor, the Italian company X (“Claimant”) and a subcontractor, the German company Z (“Respondent”). Following a disagreement between the parties, the dispute was submitted to an arbitral tribunal under the auspices of the ICC, which ordered the plaintiff to pay the due [...]
A US Court of Appeals upholds a district court’s decision to enforce a US$21 million UNCITRAL award against Argentina. In 1993, Argentina awarded a contract to a consortium of seven companies, including AWG Group which provided for investment in and operation of Argentina’s water services. In response to the 2001 economic crisis, Argentina froze the [...]
Bouygues Bâtiment IDF (Bouygues) and the Lebanese company Elcir entered into a sub-contracting agreement relating to construction work in Paris. A dispute subsequently arose, leading Bouygues to initiate arbitral proceedings and to designate an arbitrator. The latter was disqualified by Elcir and replaced by another arbitrator, also listed in the list attached to the arbitral [...]
On 17 May 2018, the Chairman of the Administrative Council issued his decision on Croatia’s proposal to disqualify a Member of the arbitral tribunal in the Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia case. Croatia filed the proposal on the basis of Article 57 of the ICSID Convention and Rule [...]
On 16 March 2018, two members of the arbitral tribunal in the Mathias Kruck and others v. Kingdom of Spain case issued their decision on the Spain’s proposal to disqualify its Member. Spain challenged one arbitrator of the arbitral tribunal on the basis of Article 57 of the ICSID Convention, as well as Rule 9 [...]
The investor initiated the annulment ICSID proceedings in 2017. During the appointment of the Committee, the Respondent countered the candidature of the President because of his publication in a one daily newspaper. Nevertheless, the General Secretary confirmed its recommendation to appoint that arbitrator as the President of the ad hoc Committee. The Respondent opposed again [...]