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IBA Investment Arbitration Subcommittee Finalizes Report on “Arbitrating Small Value Claims In Investment Arbitration”

Where Advocacy Meets Business

November 2022— The IBA Investment Arbitration Subcommittee has finalized its report on “Arbitrating Small Value Claims In Investment Arbitration.” The report, authored by Chaffetz Lindsey’s Caline Mouawad, Maxi Scherer (WilmerHale), Noiana Marigo (Freshfields) and Patrick Pearsall (Allen & Overy), examines the mechanisms and strategies available to parties to calibrate time, effort, and financial resources invested to arbitrate small value investment claims in a manner that is commensurate with the sums at stake.

The report examines three aspects of small value claims: (1) empirical data from ICSID, the PCA, and the SCC regarding small value claims registered from 2010 through 2021; (2) special procedures already available to parties in investment agreements and arbitral rules; and (3) various other procedural mechanisms that parties may incorporate into their arbitration and create a bespoke procedure designed to streamline their case and minimize the costs of arbitration.

Read the full report here.

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