Pinsent Masons Vario’s Post

Presenting the Second Topic for the Panel Discussion at GCADR Arbitration Week! Execution of award is the ultimate stage in Arbitration that ensures the actual implementation of reliefs awarded to the parties. Sovereign Immunity exempts a State from taking action against the asset to satisfy the claim of investors, thereby rendering the award infructuous. The Panel Discussion shall include the relevant aspects of Sovereign Immunity during the stage of execution of awards and a way forward to ensuring the protection of parties' interests. To know more on how on Sovereign Immunity in Investment Arbitrations, register for the GCADR Arbitration Week here- https://lnkd.in/gKSsapF6

🌍 Keynote Speech at ISTAW 2024! We are thrilled to announce that on October 2nd, 2024, from 10:15 AM to 10:45 AM, Mahnaz Malik, Barrister and Arbitrator at Twenty Essex, will be delivering a keynote speech on "The Borderlands between Investment Treaties and Domestic Law." ⚖️✨ In this compelling keynote speech, Mahnaz Malik will delve into the complex relationship between international investment treaties and domestic legal systems, offering invaluable insights into where these frameworks converge and where they stand apart. Whether you're working in investment arbitration or navigating cross-border legal challenges, this keynote is not to be missed! #ISTAW2024 #MahnazMalik #InvestmentArbitration #InternationalLaw #Keynote #LegalExperts #Arbitration

Explore our latest article on the 2022 ICSID Arbitration Rules, marking the first major update since 2006. Discover key takeaways, including mandated case management conferences, new expedited arbitration procedures, and transparency in third-party funding. The rules also introduce security for costs protocols and options for mediation and fact-finding, transforming dispute resolution efficiency. Unlock vital insights into these transformative changes: https://lnkd.in/gaapftDk.

Here is the new content from BN Lawyers

Eduardo Silva-Romero of Wordstone Dispute Resolution will be speaking at the Institute for Transnational Arbitration- Asociación Latinoamericana de Arbitraje - ALARB 𝐀𝐦𝐞𝐫𝐢𝐜𝐚𝐬 𝐖𝐨𝐫𝐤𝐬𝐡𝐨𝐩. Eduardo will participate in the panel "𝐓𝐡𝐞 𝐑𝐞𝐥𝐚𝐭𝐢𝐨𝐧𝐬𝐡𝐢𝐩 𝐛𝐞𝐭𝐰𝐞𝐞𝐧 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭 𝐚𝐧𝐝 𝐓𝐫𝐞𝐚𝐭𝐲 𝐂𝐥𝐚𝐢𝐦𝐬 𝐢𝐧 𝐂𝐨𝐧𝐧𝐞𝐜𝐭𝐢𝐨𝐧 𝐰𝐢𝐭𝐡 𝐂𝐨𝐧𝐜𝐞𝐬𝐬𝐢𝐨𝐧 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬", which will answer the questions "Is there any significant difference when it comes to the enforcement of the award between contract and treaty-based arbitration? ", "What lessons can be learned from the investment disputes concerning concession agreements in Latin America?", and more. To view the full program, and to register for the workshop as a non-member, click here: https://lnkd.in/entqndRR

Can a party funded by a #GoodSamaritan recover its legal fees?   ✅ A #ThirdPartyFunder such as Litigium Capital bears the legal costs of a party to a dispute. Upon success in the dispute, the funded party repays the costs of the Third-Party Funder, and a success element in addition   ✅The funded party normally claims compensation for the legal costs from the opposing party in the dispute, irrespective of not having borne the costs itself   ✅ Swedish case law recognizes that a party can recover said costs from the opposing party (at least the actual spend, not the success element), so long as there is an obligation to repay the costs to the Third-Party funder upon success   ✅In contrast, external funding where repayment is not required (on a ‘Good Samaritan’ basis), a party is not likely to recover the legal costs from the opposing party (cf. e.g. the SCC Arbitration Institute case Quasar de Valores v. Russian Federation)   ✅ Further reading (in Swedish), be referred to Litigium Capital’s article on the subject from 2021: https://lnkd.in/dPCem7qu #ThirdPartyFunding #legalfinancing #litigationfunding

TEMPLARS Managing Counsel, Stanley U. Nweke-Eze, has authored two chapters in the second edition of Global Arbitration News Review: The Guide to Investment Treaty Protection and Enforcement released in December 2023 covering practical aspects of investor–state disputes.   The first chapter, "Initial Stages of a Dispute: The Investor's Perspective" discusses strategic considerations for investors contemplating arbitration proceedings against host states, including key preparatory steps.    The second chapter, "Jurisdiction: Main Elements” delves into the various jurisdictional aspects of an arbitral tribunal, including consent to arbitrate, as well as territorial, personal, subject matter, and temporal jurisdiction.   The Global Arbitration Review is the leading resource for international arbitration news and community intelligence.   To read the chapters, click here: https://lnkd.in/dXsSQX-J .................................................... #Arbitration #InvestmentTreaty #GlobalArbitrationReview #GARGuide #InvestorStateDisputes #ArbitralTribunal #DisputeResolution #GlobalLaw #ArbitrationNews

Final is Final: Warts and All – The Power of Arbitral Awards Have you read our article on the Finality of Arbitral awards? If not , Here is a summary of what you need to know. Arbitration offers definitive, enforceable resolutions—but what happens when parties seek to challenge an award? Contact Daniel Musyoka Solomon Opole Venic Kerubo to better understand the finality of arbitral awards, and how to navigate their boundaries. You can also find the full article in the link below https://lnkd.in/dpW9cQTH or https://lnkd.in/ddYsFtSF #Arbitration #DisputeResolution #Finality #LegalInsights #KenyaLaw #Business

Join Senior Managing Director and valuation and damages expert David Dearman at the 2nd South Eastern European Arbitration Conference in Vienna, focussing on unlocking the future trends in international arbitration. David, along with other industry experts will discuss asset tracing, case funding, and valuation of damages in today’s legal landscape. If you’ll also be attending, reach out to David directly. Find out more about the conference > https://ankura.co/3zbP1hu #valuation #assettracing #arbitration #europe #Ankura

It was such an enlightening experience attending this webinar on Investor-State Mediation. As a practitioner in a jurisdiction where mediation is not popular mode of alternative dispute resolution, it was fascinating to learn about it's utility in other jurisdictions. Some of the key takeaways from the session were: 1. Mediation is a transformative procedure to dispute resolution and presents multi varied solutions to disputes as opposed to the more rigid arbitration proceedings. 2. It facilitates the retention of relations between states and investors giving room for investors and states to better protect their interests. 3. Mediation as an alternative dispute resolution is good for Foreign Direct Investment (FDI). London VYAP - London Very Young Arbitration Practitioners #mediation #alternativedisputeresolution #legalpractitioner #investment #lawyer #business #investor