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International Investments – Law and Practice. Chronicle: March 1 to April 15, 2009

Author: Walid BEN HAMIDA et al

Type: Article : News

ref: 42009497-511

N0:4 of 2009

Pages: 497-511

This column covers the period from 1 March to 15 April 2009, and reports on a first time decision on the issue of whether counsel for a party could legitimately participate in the arbitration procedure (Hrvatska Elektroprivreda d.d. v. Republic of Slovenia (ICSID Case No. ARB/05/24), decision of 6 May 2008). A decision handed down by the High Court in England and Wales is also discussed. The Court ruled on whether the English courts could stay judgment under article 9 of the 1996 Arbitration Act, in favour of arbitration proceedings brought under a BIT where the claimant in the court proceedings was a local authority and not the State itself. (The Mayor and Commonalty & Citizens of the City of London v. Ashok Sancheti, English Court of Appeal ([2008] EWCA Civ 1283), decision of 21 November 2008). The section on texts and news takes note of the international arbitration law passed in Mauritius, provisions on investment in the new Bolivian constitution, the ASEAN comprehensive investment agreement, the new Chinese law proposal on foreign investment, and UNCITRAL publications on international investment. The bibliography reports on new and useful publications in the field of investment law.