Translated and re-published by The Institute of International Disputes Prevention and Settlement, Beijing Institute of Technology, on 20 Feb. 2020

一、背景

最终要约仲裁(Final Offer Arbitration, FOA)(有时也称为钟摆或棒球仲裁),该仲裁模式起源并发展于1940年代后期的美国,而地位于1970年代得到巩固。FOA主要被用以解决公共部门和棒球联盟的劳资纠纷,因此得名“...

The Democratic Republic of Congo (DRC) is currently negotiating the rescheduling of a 57-million-dollar loan from Taiwan which dates back to the presidency of Mr. Mobutu. Could the DRC assign a potential investment claim against Switzerland to Taiwan to re-pay this 30-...

Published on Wolters Kluwer Arbitration on 6 June 2020

This post examines an illustrative case of a successful diplomatic protection claim under an old Bilateral Convention of Establishment (BCE). These were early precursors to Bilateral Investment Treaties (BITs), whic...

Published on Opinio Juris on 20 May 2020

Tracing back the origins of Bilateral Investment Treaties (BITs) may have a bearing on contemporary arbitral practice. Contrary to common belief, BITs may not originate directly from Friendship, Commerce and Navigation Treaties (...

1) ATS 1332/1998,17 Feb.1998: Application for the exequatur of an award of the Court of Arbitration of the Hamburg Commodity Exchange. Stricter approach upholding the fulfillment of the requirement for an arbitration agreement to be in

writing.

2) ATS 1451/1998, 17 Feb.1...

Published on Wolters Kluwer Arbitration on 18 May 2019

This post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of the treatment of Bilateral Investment Treaties (“BITs”) and Double Taxation Treaties (“DTTs”) c...

The two main reasons why countries generally enter into bilateral or multilateral investment treaties (BIT or MIT) is to attract foreign investments, while at the same time protecting their own citizens’ investments abroad by reducing the political risk, inherently and...

January 29, 2019

Published on Wolters Kluwer Arbitration on 25 January 2019

This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the late 1940s and conso...

Please reload