The Singapore International Arbitration Centre launched its Investment Arbitration Rules 2017, potentially marking a new chapter in the institutional administration of investor-State arbitration proceedings.
Cabinet’s endorsement of the draft International Arbitration Bill in April this year gave a welcome indication that South Africa would soon provide investors with one of the essential tools for operating in the modern global economy.
Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation.
In recent years, a new type of claim has been emerging in the field of investment treaty arbitration, whereby investors initiate proceedings against their own state before an international arbitration tribunal.
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award, which could have broader implications for determining partiality of arbitrators.
One of the most striking features of the draft model is its jettisoning of the fair and equitable treatment standard in favor of a standard — egregious or outrageous behaviour — that hearkens back to legal touchstones of an earlier era.