In the first issue of the ASA Bulletin for 2019, Matthias SCHERER and Lea MURPHY provide an updated inventory of the arbitration proceedings based on Swiss Bilateral Investment Treaties (BITs), Robert L. ROM looks at the interaction and cooperation between in-house counsel and external counsel in international arbitration and possible areas for improvement, Gordon BLANKE addresses the hotly-debated question of whether the conclusion reached by the CJEU in its recent Achmea ruling applies to the Energy Charter Treaty (ECT), Michel NARDIN questions whether there is a future for tribunal-appointed experts or whether arbitrators should instead merely rely on their own expertise and experience. Luis BRAVO ABOLAFIA examines the long-debated issue of the law applicable to the arbitration agreement and its effect on non-signatories from a common law and civil law perspective and proposes a novel approach to this issue based on the parties’ implied choice and the conflict-of-law rules indirectly chosen by them, Sorin DOLEA addresses the arbitrability of disputes arising out of procurement contracts concluded by municipally-owned companies in the Russian Federation and how the Supreme Court of the Russian Federation has dealt with this issue up to now, Subhiksh VASUDEV explores the concept of moral damages in the field of investment treaty arbitration and provides an overview of how various arbitral tribunals have dealt with this issue, Catherine Anne KUNZ comments on a case where the Swiss Supreme Court had to decide whether the arbitral tribunal had violated a party’s right to be heard in relation to allegations of contract simulation, Caroline DOS SANTOS reports on the recent decision of the European Court of Human Rights (ECHR) of 2 October 2018 in the Mutu and Pechstein v. Switzerland case which puts an end to this well-known saga.
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