The following Arbitration practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
This Practice Note tracks the details of key awards and decisions issued by tribunals in arbitration'>investment treaty arbitration proceedings, principally those administered by the International Centre for the Settlement of Investment Disputes (ICSID). The Practice Note also covers relevant awards and decisions issued in proceedings conducted under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and administered by other arbitral institutions such as the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC). While there is no recognised system of precedent in investment treaty arbitration, previous decisions are often cited by parties during proceedings and referred to by arbitral tribunals in their decisions.
This Practice Note only features awards and decisions published in 2019, although they may have, in some cases, been issued to the parties prior to 2019. The previous tracker is available here: Investment treaty arbitration—2018—key arbitral awards and decisions tracker [Archived].
the focus of this tracker is awards and milestone decisions on, for example, jurisdiction, rather than other procedural orders in the proceedings
decisions on proposals to disqualify arbitrators in ICSID arbitration proceedings are considered in Practice Note: ICSID arbitration—introduction and procedure—proposals to disqualify arbitrators
awards and decisions are presented
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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