Tag: Inside the system
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ISDS in Practice: ICSID and UNCITRAL compared
Two Procedural Pathways from Investment Disputes to Award and Enforcement International investment disputes do not all proceed through the same procedural framework. Although ICSID and UNCITRAL arbitration are both frequently used in investor–State dispute settlement (ISDS), they operate within different legal architectures. Understanding that distinction is essential because the mechanism selected can affect how the…
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Commercial Arbitration vs Investment Arbitration
Investment v Commercial Arbitration: Same arbitral machinery: different legal relationship and stakes. At first glance, investment arbitration under mechanisms like Investor-State Dispute Settlement (ISDS) under ICSID or UNCITRAL may look very similar to ordinary commercial arbitration. Both can involve an independent arbitral tribunal, written submissions, hearings, evidence, procedural orders and an award. Both are forms…
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Navigating International Arbitration: 60 Essential Terms and Concept
A practical guide to navigating international arbitration Navigating International arbitration requires an understanding of its own procedural and legal vocabulary. Terms such as seat, lex arbitri, lex causae, jurisdiction, award and interim measures can appear repeatedly in arbitration proceedings, yet they do not always mean what their ordinary-language equivalents suggest. This glossary explains some of…