Archives: International Arbitration

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The Lagarde Prosecution: A Blow to Finality in Investor-State Arbitration?

On December 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French government-owned company.  This criminal conviction suggests increasing peril for arbitral tribunals and government officials involved in international arbitration.  It remains to be seen whether … Continue Reading

ICC Announces New Expedited Rules for Smaller International Arbitrations

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for smaller disputes. The Expedited Rules are designed to streamline and speed up the arbitration process but involve major departures … Continue Reading

Yes, We Can (Order a Country to Suspend Criminal Prosecution and Extradition): Hydro v. Albania Redux

An update, if not an epilogue, to the Hydro v. Albania saga. As described in our prior post, the ICSID arbitration tribunal in that case had imposed interim measures directing the Albanian government to suspend its prosecution of two of the individual claimants and its efforts to extradite them to Albania. A UK judge then … Continue Reading

Another International Arbitral Tribunal Orders Extradition and Criminal Proceedings Halted

The worlds of white-collar criminal law and international investment arbitration continue to collide. Following on the heels of March’s decision in Hydro S.r.L. v. Albania, in which an International Centre for Settlement of Investment Disputes (ICSID) tribunal directed the Albanian government to suspend its efforts to extradite and arrest two of the claimants in the … Continue Reading

Can International Arbitrators Order a Country to Stop Criminal Proceedings?

On July 7, 2016, a UK judge said yes, suspending the extradition of two men to Albania in compliance with an order of a tribunal in an international arbitration those men had brought against the Albanian government. The Albanian government quickly relented, dropping its extradition request and effectively accepting the arbitrators’ dictate. Hydro S.r.L. v. … Continue Reading