BVI International Arbitration Centre Expands Global Representation, Welcomes Dr. John J. Maalouf to Arbitration Panel
February 22, 2021 13:47 ET | Source: Maalouf Ashford & Talbot Maalouf Ashford & Talbot
BVI IAC reaffirms commitment to diverse representation of the international business community
NEW YORK, NY, Feb. 22, 2021 (GLOBE NEWSWIRE) via NewMediaWire The British Virgin Islands International Arbitration Centre (BVI IAC), an independent not-for-profit institution serving the demands for dispute resolution in the international business community, today announced that Dr. John J. Maalouf has joined its arbitration panel. Dr. Maaloufis one of 10 arbitrators welcomed by the BVI IAC through its latest empanelment process.
Dr. Maalouf is Senior Partner of the international law firm Maalouf Ashford & Talbot, LLP. His practice is focused on international trade and finance law, international arbitration, mediation and alternative disput
Introduction
Corruption allegations have blossomed as an area of interest in international arbitration since at least 2006, when an International Centre for Settlement of Investment Disputes tribunal found that a claimant s conduct in procuring an investment contract through bribery was sufficient as a matter of law and international public policy to render any claim under that contract unsustainable (World Duty Free versus Kenya). Since then, numerous other published awards have shown that states are increasingly relying on allegations of corruption to defend treaty and commercial claims. Despite this trend, no established approach exists for the standard of proof that applies to such allegations. However, recent awards, such as that rendered in Vale versus BSG Resources Limited, show that while corruption is always a serious accusation, the standard of proof applicable in arbitration should be no higher than the standard required in other civil cases.
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Food Investor Bros Say Romania Still Owes $96M For Award
Law360 (February 5, 2021, 8:20 PM EST) Swedish food industry investors, brothers Ioan and Viorel Micula, urged the D.C. Circuit on Thursday to toss Romania s appeal that claims it finished paying a $356 million arbitral award, arguing that more than $96 million remains unpaid.
The International Centre for Settlement of Investment Disputes found in 2013 that Romania violated a bilateral investment treaty with Sweden by revoking certain economic incentives, impacting a food and drink facility the Micula brothers built in an impoverished and remote region of Romania.
U.S. District Judge Amit P. Mehta had previously ruled that the European country still owed $97 million, and the brothers are.
By Solomon Unimke
This paper attempts to discuss the arbitral institutions and the considerations parties and counsel must contemplate in selecting an arbitral institution, which is a crucial process and can indicate from the on-set, the seat of arbitration which is primary in initiating, deliberating and enforcing an arbitral award. This discourse provides a comparative analysis of some top global arbitration institutions and the advantages or challenges arbitration institution users must reflect on in choosing an institution, as well as providing a further insight into the growing trend in switching between Arbitration and Mediation and its efficacy in resolving international disputes with a particular focus on the emerging areas in Africa, particularly Nigeria.