Investment Arbitration

Hearings, Investment Arbitration, Supreme Court, Transparency, Transparency in investment arbitrations

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

[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…

Achmea, Arbitration, Arbitration Awards, BIT, Enforcement, European Law, European Union, International arbitration, Intra-EU BITs, Investment Arbitration, New York Convention

(Albright StoneBridge Group)/ /Leave a comment

The world after the  Achmea v Slovakia decision focuses on the question about the future of ISDS in relation to intra-EU BITs. At the ASIL conference on the 6 April 2018, a representative of the EU observed the decision in the Achmea case as one that was perhaps a natural consequence of the intricacies of…

Appointment of arbitrators, Arbitration, Arbitration Proceedings, CEE, Enforcement, Investment Arbitration

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

In the midst of the second edition of the Paris Arbitration Week, Jeantet hosted, on Thursday 12 April 2018, a roundtable on the topic “Arbitrating with States in CEE & CIS”. The speakers of the roundtable were: Cosmin Vasile (Zamfirescu Racoti & Partners), Yas Banifatemi (Shearman & Sterling), Davor Babić (University of Zagreb), Yasmin Mohammad…

Arbitration, BIT, Bosnia and Herzegovina, Insurance, Investment Arbitration

(University of Strathclyde)/ /Leave a comment

After three high-value infrastructure and energy projects cases at ICSID and the Permanent Court of Arbitration, Bosnia and Herzegovina (“BiH”) is now facing a new US$40 million investment treaty claim. This time it involves the privatization of an insurance company – Krajina osiguranje a.d. Banja Luka, based in the Republic of Srpska (one of the…

Austria, BIT, Canada, CETA, China-Australia Free Trade Agreement, China-Korea Free Trade Agreement, Corporate Social Responsibility, India, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Norway, TPP

(Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre of UNSW Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

In the context of the backlash against investor-state dispute settlement (“ISDS”), one of the main criticisms is the asymmetric nature of investment treaties, which impose numerous obligations on the States, but do not seem to hold corporations accountable for the social, environmental and economic consequences of their activities. Some recent developments reflect a redirection away…

CAFTA, Caribbean, Investment Arbitration, Latin America

(Jones Day)/ /Leave a comment

Cruising around investment cases against the Caribbean islands is not only a recreational journey.  It is also an informative one.  This article aims at presenting key observations made during this journey. As mentioned in a previous publication, since 1973, the sovereign islands of the Caribbean Sea, have concluded over 140 international investment agreements.  The ICSID…

Achmea, Arbitration, BIT, European Law, Investment Arbitration

(BSJP Brockhuis Jurczak Prusak Sroka Nilsson, Warsaw and Conway & Partners, Rotterdam)/ /Leave a comment

The CJEU judgement issued in the much-discussed (here and here) C-284/16 Slovak Republic vs. Achmea case has every chance of becoming a game changer in the field of the investment protection regime within the EU. Where does that leave the protection of investors within the EU? The message of the CJEU to those who welcomed…

Achmea, Arbitration, Arbitration Agreements, Investment Arbitration, Poland, Rule of Law

(Kancelaria Adwokacka Adwokat Marcin Orecki)/ /Leave a comment

On 6 March 2018, the Court of Justice of the European Union (“CJEU”) in the case no. C‑284/16 Slovak Republic v. Achmea BV (“Achmea case”) (available here) stated that arbitration agreements concluded between the Member States of the European Union (“EU”) in the so-called intra-EU BITs have an adverse effect on the autonomy of EU…

Achmea, Arbitration, Arbitration Proceedings, BIT, Brexit, CJEU, Investment Arbitration

, , (Signature Litigation)/ /Leave a comment

On 6 March 2018, the Court of Justice of the European Union (the “CJEU“) delivered its ruling in the case of Slovak Republic v Achmea (“Achmea“), holding that the investor-state arbitration provisions in a bilateral investment treaty (“BIT“) between the Netherlands and the Slovak Republic are invalid, as they are incompatible with EU law. In…

ICCA Sydney 2018, Investment, Investment Arbitration, Investor, Investor-State arbitration, State entity, States

(Herbert Smith Freehills)/ /Leave a comment
Young ICCA

On the second day of the ICCA Sydney 2018 Congress, two separate panels considered ‘Arbitrations Involving Public Bodies and Public Interest Salient Issues’. The first panel, moderated by Professor Stavros Brekoulakis (Queen Mary University of London) focused on ‘the Increasing Participation of Public Entities in International Arbitration.’ The panel comprised of Marie Talašová (Government of…

Conflict Zones, Damages, ICCA Sydney 2018, ICSID Convention, Investment, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Sovereign Wealth Funds

(Corrs Chambers Westgarth)/ /Leave a comment
Young ICCA

The afternoon session of the second day of the ICCA Sydney 2018 Conference on “New Voices” was moderated by Monty Taylor and had the insightful contributions of Jawad Ahmad, Lucas Bastin, Samantha Lord Hill and Solomon Ebere. Monty Taylor opened the session by noting that not only was this a new initiative for ICCA, but…

Expropriation, Fair and Equitable Treatment, ICCA Sydney 2018, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS, Most Favoured Nation (MFN)

(King & Wood Mallesons)/ /Leave a comment
King & Wood Mallesons

The panel on Arbitration Challenged Part I: Reforming Substantive Obligations in Investment Treaties and Conditions of Access to Investment Arbitration, at ICCA Sydney 2018 Conference, was moderated by Meg Kinnear, Secretary General of the International Centre for Settlement of Investment Disputes (Canada) and had contributions from speakers Christophe Bondy, Cooley LLP (Canada); Max Bonnell, White…

Arbitration, BIT, European Law, European Union, ICSID, ICSID Arbitration, ICSID Convention, Interviews with Our Editors, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Investor-State arbitration, ISDS

(Stockholm University)/ /Leave a comment

In the midst of challenges to the very legitimacy of Investor-State Dispute Settlement (ISDS), the International Centre for Settlement of Investment Disputes (ICSID) celebrated its 50th anniversary and embarked on the fourth ICSID Rules amendment process in ICSID history. The previous amendment processes brought notable additions to the ICSID Rules, such as enhanced transparency in…

Achmea, CJEU, Intra-EU BITs, Investment Arbitration

(White & Case LLP)/ /Leave a comment

On March 6, 2018, the Court of Justice of the European Union (“CJEU”) in its 12-page judgment backed the Commission in its grid to finally scrap the intra-EU BITs and defied Advocate General’s attempt to preserve the system. The purpose of this note is to concisely analyze this far-reaching judgment of the CJEU against the…

Arbitration, Energy, Investment Arbitration, Kenya, Tanzania, Uganda

(EnVantage Law)/ /Leave a comment

The countries of Africa are nascent economies, some with well developed, and most with burgeoning energy and natural resources (ENR) sectors. With the vast resource of wealth comes a greater expectation of economic development and a greater interest in ENR and infrastructure investment. Disputes are often inevitable, considering the vested interests involved. Navigating ENR arbitration…

BIT, Fair and Equitable Treatment, Investment Arbitration, Public Policy, Switzerland

(von Segesser Law Offices)/ /Leave a comment

The Swiss Federal Supreme Court, in a rare appeal against an award in a bilateral investment treaty arbitration, confirmed its statutory restraint in reviewing arbitral awards pursuant to article 190 of the Private International Law Act (“PILA”) and rejected the host state’s request to set aside the award for violating substantive public policy. (Case 4A_157/2017,…

Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration

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The Belt-and-Road Initiative (“BRI“) is a grand vision about connectivity, infrastructure, trade and unimpeded foreign direct investment (“FDI“) flows. It is a path to China’s largest export market  – the European Union – which does not only propose to ‘transit’ Eurasia (and coastal East Africa), but to radically transform it. And, thus, mere construction and…

BIT, Investment Arbitration, ISDS

(University of Arizona, James E. Rogers College of Law )/ /1 Comment
Institute for Transnational Arbitration (ITA)

For many years, investor-state dispute settlement (ISDS), supported by thousands of bilateral investment treaties (BITs), has served as the main mechanism for deciding investment disputes. This controversial system permits affected investors to sue states for damages before arbitral panels on the grounds that their investments have been treated unfairly. For many commentators, the main problem…

BIT, Investment agreements, Investment Arbitration, Investor-State arbitration, ISDS

(Bottega Di Bella)/ /Leave a comment

Introduction The two main reasons why countries generally agree to sign bilateral or multilateral investment treaties (BITs or MITs) are to attract foreign direct investments, while at the same time protecting their own citizens’ investments abroad by reducing political risk. Arguably, there might be multiple added values on top of these reasons for a specific…

Arbitration, Enforcement, France, Immunity, Investment Arbitration

(Three Crowns) and (Freshfields, Bruckhaus Deringer LLP)/ /Leave a comment

The views expressed herein are the personal views of the authors and do not reflect those of their law firm. In France, until recently, rules governing the issue of sovereign immunity from enforcement, and in particular those setting out the scope and conditions under which such immunities apply, derived from case law. Although relevant international…

CETA, Fair and Equitable Treatment, Investment Arbitration, ISDS

, (Gujarat National Law University, India)/ /Leave a comment

The Comprehensive Economic and Trade Agreement (CETA) made waves in a post-Trump era of hostility towards free trade. But not all press is good press and CETA’s investor–state dispute settlement (ISDS) mechanism has come under fire. While all chapters of the CETA entered into force at midnight on September 21, 2017, one didn’t: the controversial…

Arbitration, BIT, Energy Charter Treaty, Intra-EU BITs, Investment Arbitration, ISDS

(Lazareff Le Bars)/ /2 Comments

After the enlargement of the European Union in 2004, many eastern bloc countries acceded to the European Union. BITs entered into between the eastern bloc and the western bloc were transformed into the so-called “Intra-EU BITs”. The problems of Intra-EU BITs arose when the European Commission started its campaign against Intra-EU BITs, alleging their incompatibility…

Investment Arbitration, Investor-State arbitration, ISDS, NAFTA, USMCA

(Loyola University of Chicago)/ /Leave a comment
Young ICCA

Chapter 11: Where Investors Go to Complain NAFTA renegotiations began last year and, with attention once again on this 23-year old trade deal, critics are taking the opportunity to voice their concerns. U.S. President Trump has himself propounded, and indeed campaigned on, an abundance of criticism directed at NAFTA. While no part of NAFTA has…

Investment, Investment Arbitration, Investment protection, ISDS, UNCITRAL

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In late November, the UN Headquarters in Vienna saw the first meeting of Working Group III of the United Nations Commission on International Trade (UNCITRAL). The meeting marked the initiation of a process of analysis and reform – whatever shape it may ultimately take – of the existing Investor State Dispute Settlement (ISDS) regime. At…