[I]t is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.1) R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256, 259 (Lord Hewart C.J.) If you sought to distil [the connection between ISDS’s transparency and…

The international economic order is today bound together through a network of bilateral (and multilateral) investment treaties which provide investors with a variety of protections. Such Bilateral investment treaties (“BITs”) are a relatively young species dating back to 1959’s Pakistan-Federal Republic of Germany BIT. While the exact content of BITs varies by agreement, most contain…

On 26 June 2015 Italy commenced inter-state arbitral proceedings by serving on India a notification of dispute under Article 287 and Annex VII, Article 1 of the United Nations Convention on the Law of the Sea (“UNCLOS”); both States are Parties to UNCLOS. In Italy’s submission the dispute concerns an incident approximately 20.5 nautical miles…