Pecunia Non Olet: Why Do We ‘Smell a Rat’ in ICSID Financial Regulation...
International Moot Court Competition Association (IMCCA) Our interest on this topic has been provoked by a reading of the Repsol v. Petroecuador Stay Orders (See ICSID Case No. ARB/01/10, Procedural...
View ArticleICSID: Curious Facts
International Moot Court Competition Association (IMCCA) “Research is formalized curiosity…” – Z. Hurston In what follows I have tried to gather information from publicly available sources regarding...
View ArticleWhere Both Worlds Meet: Contractual Waiver of Liability and the...
International Moot Court Competition Association (IMCCA) The problem of the law applicable to State contracts (i.e. contracts concluded between a foreign national and a State or a state entity) as well...
View ArticleThe Umbrella That Won’t Open
International Moot Court Competition Association (IMCCA) by Inna Uchkunova and Oleg Temnikov Foreword “The whole exercise was great fun and for me, I was then 26 years old, a great eye-opener – I...
View ArticleArbitral, Not Arbitrary – Part I: Limits to Arbitral Discretion in ICSID...
International Moot Court Competition Association (IMCCA) The problem of arbitral discretion has major implications on the rights of the parties. It is a concept foundational to international...
View ArticleArbitral, Not Arbitrary – Part II: Special Case of Application of Arbitral...
International Moot Court Competition Association (IMCCA) An earlier post examined the general limitations on arbitral discretion. This part will look into the question of actions taken proprio motu and...
View ArticleAlice in the World of Oral Argument
International Moot Court Competition Association (IMCCA) and Stanka Cherkezova With the finals of the Philip C. Jessup and Willem C. Vis Moot approaching it is a good time to spend a few words on oral...
View ArticleDrawing a Line: Corporate Restructuring and Treaty Shopping in ICSID Arbitration
International Moot Court Competition Association (IMCCA) Akbar the Great once drew with his royal hand a line in the sand. He then told his wise men that if they wanted to keep their jobs, they must...
View ArticleIn Someone Else’s Shoes: Are the Investor’s Rights His Own or Those of the...
International Moot Court Competition Association (IMCCA) and Oleg Temnikov There is a Taoist fable of the three stupid men who were traveling together from one village to the next. They rested for the...
View ArticleIn the Eyes of the Beholder: Host State’s Refusal to Pay under a Contract as...
International Moot Court Competition Association (IMCCA) and Oleg Temnikov I. Bureau Veritas v. Republic of Paraguay In the recent Further decision on objections to jurisdiction dated October 9, 2012...
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Indirect Investments Through Chain Of Intermediary Companies: A Philosopher’s...
International Moot Court Competition Association (IMCCA) Foreword For centuries people have searched for the formula which may give them more gold. It may turn out that some investors have found it. As...
View ArticleBifurcation Of Proceedings In ICSID Arbitration: Where Do We Stand?
International Moot Court Competition Association (IMCCA) and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013)...
View ArticleIf I Have An Apple: On Moot Courts, Teamwork And How We All Win
International Moot Court Competition Association (IMCCA) and Oleg Temnikov “Put forth your best” by Bill Clennan The contest lasts for moments Though the training’d taken years. It wasn’t winning alone...
View ArticleInvestment Arbitration: Legal Implications of the Threat to Expropriate
International Moot Court Competition Association (IMCCA) and Oleg Temnikov I. Foreword At the end of 2013, the Financial Times reported that a referendum will be held in Berlin on the question whether...
View ArticleRule 41(5) of the ICSID Arbitration Rules: The Sleeping Beauty of the ICSID...
International Moot Court Competition Association (IMCCA) and Oleg Temnikov Foreword The recent decision on preliminary objections, dated 17 January 2014, against the application for annulment in...
View ArticleUntying the Knot: Estoppel and Implicit Designation of a Constituent...
International Moot Court Competition Association (IMCCA) and Oleg Temnikov Foreword Designation by a State of a constituent subdivision or agency provided for in Article 25, paragraphs 1 and 3, of the...
View ArticleAllocation of Costs in ICSID Arbitration
International Moot Court Competition Association (IMCCA) and Oleg Temnikov 1. Approaches to cost allocation There are, generally, two approaches to costs allocation (“CA”), namely: (1) pay your own way...
View ArticleSecurity for Costs in ICSID Arbitration
International Moot Court Competition Association (IMCCA) and Oleg Temnikov Purpose of security for costs Security for costs falls into the category of provisional measures and is regulated by Article...
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