Are a Bilateral Investment Treaty Arbitration and a Proceeding Before the...
Although a bilateral investment treaty (“BIT”) arbitration and an application made before the European Court of Human Rights (“the Court”) could, at first glance, present opposite objectives, investors...
View ArticleEU Law and Investment Law: Two Worlds Apart?
The Inaugural Conference of the European Federation for Investment Law and Arbitration (EFILA) took place on Friday, 23 January 2015, in the Senate House of the Queen Mary University of London. 160...
View ArticleA Question of Democracy: The German Debate on International Investment Law.
Germany’s position on international investment law and investor-State arbitration is attracting increasing attention since the signing of the Canada-EU Comprehensive Economic and Trade Agreement (CETA)...
View ArticleConflating Politics and Development?
The University of Virginia’s Spring 2014 symposium focused on the topic of international development. One panel focused on the role of international politics in the context of international dispute...
View ArticleInvesting in Cryptocurrencies under the Existing Investment Arbitration Regime
Over the past few years, the business community has discovered a new form of investment: this new type of capital formation is broadly known as investment in cryptocurrencies. The capital interest in...
View ArticleTrack 1B: One Step Further In The Chevron Saga
The controversial dispute between the Ecuadorian government and the multinational corporation Chevron arose from the operations undertaken by Texpet –a subsidiary of Texaco at that time- on the...
View ArticleWhat’s New with the Energy Charter Treaty?
No doubt that the last three years have been quite busy for the Energy Charter Treaty (ECT) and for the Energy Charter Conference. The number of investor-state arbitration cases under Article 26 of the...
View ArticleBilcon of Delaware et. al v. Canada: A Story About Legitimate Expectations...
It comes as no surprise to those familiar with investment treaty law to see the concept of legitimate expectations continuously refined by case law. One of the facets of legitimate expectations, which...
View ArticleA Need for Preventive Investment Protection?
It is not unusual that a foreign investor is put in a situation where the investment has not been infringed yet and no damage has been caused, but an infringement is very likely to happen. The investor...
View ArticleOn ISDS, for the Record.
“ISDS” (short for “investor-state dispute settlement”) was a less-known acronym some years back. Now, it has been given an increasingly bad name, no doubt fuelled by Vattenfall’s claim against Germany...
View ArticleAddressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration
As Mariel Dimsey has observed, a key challenge posed by investment treaties is that – at the point of ratification – they expose States to arbitrations of ‘as-yet-unknown scope and against...
View ArticleYAI TALKS #DC: Treaty Claims by Dual Nationals and Collection of Treaty-Based...
Clovis TrevinoCovington and Burling LLPYAI TALKS#, a new conversation series launched by the ITA Young Arbitrators Initiative (YAI) under the leadership of YAI chair Montserrat Manzano (Von Wobeser y...
View ArticleDiffusing the ‘Powder Keg’ through Regional Multilateralism: The Case for...
Horia CiurtinLegal Adviser – Scandic DistilleriesJust like a century ago – and throughout their entire history – the Balkans remain a zone of structural instability. In this respect, the ‘end of...
View ArticleUsing Investment Arbitration to Enforce Peruvian Agrarian Bonds
Karen Halverson CrossThe John Marshall Law School For ITAGramercy Funds Management LLC, a U.S.-based hedge fund (“Gramercy”), recently filed a notice of arbitration against the Republic of Peru...
View ArticleThe “Anti-ISDS Bill” before the Australian Senate
Luke NottageSydney Law SchoolIndonesia is not the only Asia-Pacific nation that is reassessing investment treaties containing provisions on Investor-State Dispute Settlement (ISDS, especially...
View ArticleInvestment Protection – Swiss Style
Kirstin Dodge, Simon Vorburger and Gabrielle Nater-BassHomburger For ArbitralWomenThe views expressed in this article are those of the authors alone and should not be regarded as representative of, or...
View ArticleMaking a Muddle of Moral Damages
Jarrod WongUniversity of the Pacific, McGeorge School of Law For ITALet’s get this straight: When awarded to persons, including foreign investors, moral damages are compensatory in nature. They are not...
View ArticleInterpreting Investment Treaties
Roberto Castro de FigueiredoTauil & Chequer in association with Mayer Brown LLPOne of the recurrent controversial issues in the investment arbitration practice relates to the application of the...
View ArticleJuries for Foreign Investment Disputes
Martin JarrettUniversity of Mannheim, GermanyParaphrasing Churchill, investment arbitration is the worst form of foreign investment dispute resolution, except for all the others. Post-Suez, governments...
View Article“Investment Arbitration Is Now On Broadway, And The Critics Are Not Being Kind”
Vernon CassinBaker Botts LLPThat was the assessment of Constantine Partasides QC, founding partner of Three Crowns, during his keynote address to the joint ITA-IEL conference. According to Mr....
View Article
