State immunity and the execution of investment treaty arbitral awards against state assets
Sana Mahmud examines a recent BVI Commercial Court case which interpreted a state’s BIT-based commitment to enforce arbitral awards.
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The 7th Edition of the SIAC Rules
Sana Mahmud considers the draft 7th Edition of the SIAC Rules before they come into force on 1 January 2025.
Case Summary: Baker Hughes v Dynamic Industries
Nicholas Gould and Sana Mahmud review Baker Hughes v Dynamic Industries, in which the court rejected claims of forum non conveniens, setting precedent for future disputes.
FIDIC Contracts: time bars limitation and good faith
Sana Mahmud and Gilbert Hakim discuss a recent DIFC Court of Appeal judgment which considered issues such as notices as conditions precedent, limitation and good faith in the context of FIDIC Sub-Clauses 20.1 and 3.5.
Investment treaty arbitration: a possible avenue for damages claims against Russia arising out of the Ukraine conflict?
As the impact of the Russian invasion of Ukraine shocks the construction industry, Sana Mahmud looks at whether investment treaty arbitration offers recourse to recover losses arising as a result of the conflict.
Investor-State Disputes
Fenwick Elliott Partner Nicholas Gould and Senior Associate Sana Mahmud discuss the latest developments in investor-state arbitrations and how this is relevant to construction disputes.
New Amendments to the ICSID Rules
Sana Mahmud discusses the proposed, upcoming changes to the ICSID rules.
Investment treaty arbitration: another avenue for international construction disputes
Sana Mahmud considers investment treaty arbitration as a means of bringing claims against an employer which is a national government or government entity.
The LCIA Arbitration Rules 2020: tweaks for a modern age
Sana Mahmud outlines the key points from updated LCIA Arbitration Rules which came into force on 1 October 2020.
The impact of COVID-19 on projects in Algeria
Senior Associate, Sana Mahmud and Consultant Lawyer, Alice Gambato discuss the impact of COVID-19 on projects in Algeria, covering the measure imposed by the Algerian government, force majeure and the hardship under Algerian law and liquidated damages.
The impact of COVID-19 on projects in India: a FIDIC perspective
In this article Fenwick Elliott Partner, Nicholas Gould and Senior Associate, Sana Mahmud discuss the impact of COVID-19 on projects in India, covering the measures imposed by the Indian Government and claims for extensions of time and cost under FIDIC contracts.
ADR head-to-head: dispute boards and arbitration
Sana Mahmud and Robbie McCrea compare the use of dispute boards and arbitration in light of recent trends and developments.