War Series

War Series: Recent Submarine Cable Attacks

War Series: Recent Submarine Cable Attacks, the 1923 Cuba Submarine Arbitration, and Business Considerations

  The global digital infrastructure relies heavily on a vast network of submarine cables, which carry approximately 95% of international data traffic. These undersea cables are the lifelines of modern communications, finance, and commerce. However, escalating geopolitical tensions in regions such as the Red Sea, the Hormuz Strait, and the larger Indo-Pacific have exposed these […]

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War Series: Investment Protection Treaties in War for Investors in the Middle East (G�R?? v. Syria)

War Series: Investment Protection Treaties in War for Investors in the Middle East (GÜRİŞ v. Syria)

  The recent arbitration award in the case of GÜRİŞ and others v. Syria (ICC, Final Award, 31 August 2020) offers a timely reminder of the complexities businesses face when operating in conflict zones. As tensions rise in parts of the Middle East, understanding the obligations of host states under investment treaties becomes ever more

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War Series: Sports (Basketball) Contracts and War as Force Majeure in Arbitration

War Series: Sports (Basketball) Contracts and War as Force Majeure in Arbitration

  The case Jarrell Isaiah Brantley v. Basketball Club Unics (BAT 1813/22) was an international sports arbitration introduced on April 19, 2022 and has since been concluded. The dispute was adjudicated under the Basketball Arbitral Tribunal (BAT), using the BAT Arbitration Rules 2022, with the seat of arbitration in Geneva. The claimant, Jarrell Isaiah Brantley,

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War Series: Defining 'War' in Arbitration Awards and NATO Operations (Kosovo)

War Series: Defining ‘War’ in Arbitration Awards and NATO Operations (Kosovo)

  The arbitration award referenced in the UK Court of Appeal judgment [2002] EWCA 1878 delves deeply into the meaning of ‘war’ as interpreted by arbitration tribunals and its implications for contractual obligations. This award, rendered by a distinguished panel of arbitrators, underscores the nuanced approach that arbitration tribunals take in defining what constitutes a

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War Series: Civil War and Force Majeure in Global Construction

War Series: Civil War and Force Majeure in Global Construction

  The arbitration between Ermir İnşaat Sanayi ve Ticaret A.Ş. and Biwater Construction Ltd., adjudicated by a sole arbitrator under the ICC Arbitration Rules, offers several critical lessons for construction companies operating in regions vulnerable to civil unrest. This case, which revolved around a construction project in Libya that was interrupted by the First Libyan

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War Series: Exhaustion of Remedies in Lessons from the Finnish Shipowners' War-Time Arbitration

War Series: Exhaustion of Remedies in Lessons from the Finnish Shipowners’ War-Time Arbitration

  In the early 1930s, the arbitration case between Finnish shipowners and the British government over the use of certain Finnish vessels during World War I provides a rich field of study in international arbitration and the local remedies rule. This case, adjudicated in Stockholm, raises fundamental questions about the exhaustion of local remedies and

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War Series: Arbitration and the Tax on War Profits

War Series: Arbitration and the Tax on War Profits

  On 15 June 1922, Gustave Ador rendered a significant arbitration award regarding the applicability of a tax on war profits, a decision that resonates through the corridors of international arbitration to this day. This case, arbitrated between the French and Spanish governments, addressed whether Spanish nationals residing in France were subject to the French

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War Series: When Geopolitics Meets Arbitration in the UTI vs. Iran Case

War Series: When Geopolitics Meets Arbitration in the UTI vs. Iran Case

  In the arbitration case United Technologies International, Inc. v. Islamic Republic of Iran, the Tribunal faced a complex dispute arising from the Iranian Revolution and subsequent geopolitical upheavals. At the heart of the matter were helicopter components that Iran Helicopter Support and Renewal Company (IHSRC) had shipped to United Technologies International, Inc. (UTI) for

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War Series: The 1923 Arbitration on War-Risk Premiums

War Series: The 1923 Arbitration on War-Risk Premiums

  The case of War-Risk Insurance Premium Claims presented a unique challenge for the United States-Germany Mixed Commission. At its core, it revolved around whether premiums paid by American companies for war-risk insurance during World War I could be recovered from Germany. These premiums were for protection against potential war hazards that, ultimately, did not

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