§ Introduction

§ Special Arbitral Bodies

§ London Maritime Arbitration Association
§ Court of Arbitration for Sports
§ World Intellectual Property Organisation
LAW 40703 § Inter. Centre for the Settlement of Investment Disputes
§ World Trade Organisation

§ Introduction § Established in 1960

§ Rise of international disputes of various commercial areas
§ Need for special dispute mechanisms and bodies
specialised in specific areas
§ maritime, sports and intellectual property disputes
§ Disputes between state and private parties
(investment);
§ Between states (inter. trade)
§ Focus: resolution of maritime disputes between
commercial parties
§ Has long been the epicentre of maritime dispute
resolution until today
§ Has its own list of practising arbitrators
§ Traditionally sports disputes were referred to national court § Main Doc: Statutes of the Bodies Working for Settlement
§ Established in 1984 by Inter. Olympic Committee (IOC) to of Sports Related Disputes (CAS Code)
provide specialist form of arbitration for inter. sports § 2 main divisions
community.
§ Ordinary Arbitration Div.
§ 1994, Inter. Court of Arbitration for Sports (ICAS) was formed. § Appeals Arbitration Div.
§ 20 members of high level jurists appointed for a renewable
period of 4 years § Generally arbitral procedures on CAS are similar to
§ Head office in Lausanne, Switzerland and additional offices in
inter commercial arbitration
New York and Sydney § Seat (Lausanne), confidentiality, awards etc.
§ Has a list of 300 arbitrators § But no recourse to national courts

§ Adrian Mutu v Chelsea Football Club Ltd (2008) CAS 2008/A/1644 (31 July § A specialised agency of the UN
2009)
§ AM moved from AC Parma to Chelsea FC on 22.5 million euros in August 2003 § Based in Geneva, Switzerland.
§ Signing fee of GBP330,000 and annual salary of GBP 2.35 millionsd his contract
§ October 2004, he tested positive for cocaine and CFC terminated his contract § 191members (M’sia in 1989)
immediately.
§ English FA banned him for 7 months which he appealed § WIPO Arbitration and Mediation Centre (WIPO Centre)
§ 2005, the FA Premier League Appeals Committee (FAPLAC) dismissed the appeal § Specialised procedures for resolving intellectual
§ He appealed to CAS against the decision of FAPLAC – but also dismissed property-related commercial disputes between private
§ CFC applied to FIFA Dispute Resolution Chamber (DRC) for compensation award
against Mutu. But DRC decided it had no jurisdiction. parties.
§ CFC appealed to CAS, which annulled DRC’s decision and referred the matter
back to DRC. § Services: arbitration, mediation and expert
§ DRC awarded compensation to CFC determination
§ Mutu appealed to CAS, which affirmed the DRC’s award of compensation.
Dr. AMTM 7

§ Disputes: breaches of trademark /patent licenses; and
license infringement; abusive registration and use of
internet domain names (cybersquatting)
§ WIPO Arbitration Rules and WIPO Expedited
Arbitration Rules
§ WIPO arbitration may take place in any country and
under any law
§ WIPO has its list of arbitrators which is not mandatory
§ Globalisation enables a country economic development
be financed by private investors (foreign and local).
§ Main hurdle for private sector investment was sovereign
immunity.
§ A state is generally immune from suit in the court of other
state.
§ Interference and control through litigation in the state
Courts may affect the PSI contracts.
§ ICSID may help reduce these unwanted hurdle,
interference and control.
§ Established in 1965 under the auspices of World
Bank
§ Pursuant to the Convention on the Settlement of
Investment Disputes Between States and Nationals of
Other Sates 1965 (ICSID Convention)
§ Signatory states to ICSID agree to have investor-state
disputes resolved by arbitration.
§ Focus : to arbitrate disputes between investors and
states.
§ Jurisdiction over investment treaty arbitrations
§ Arising out of bilateral investment treaties (BIT)
§ BIT between the state of the private investor and the
state in which the p. investor operates.
§ MIT: multi investment treaties
§ The process in general:
§ Procedure: ICSID Arbitration Rules
§ Substantive law: ICSID Convention and relevant BIT
§ ICSID panel of arbitrators
§ State as a party
§ ICSID award may be set aside
§ Before an ad hoc committee of 3 members appointed
from other ICSID panel of arbitrators.
§ Malaysian Historical Salvors S/B v Government of
Malaysia ICSID Case No ARB/05/10
§ Intergovernmental organisation comprising a
multilateral trading system.
§ Members of WTO negotiate the rules of trade, tariffs and
obligations in trading property right, between nations.
§ Disputes among members are resolved via arbitration
§ General Agreement on Tariffs and Trade (GATT) is the
basis for international trade law.
§ Parties are states only, not private investors.
§ Has Appellate Body