…entirely ironed out by the ECT. The ECT does make provision for variations among the substantive obligations of the Contracting Parties. For example, ECT Article 10, paragraph 1 identifies the…
…the construction, operation and maintenance of Sector 2 of Ruta del Sol, a national toll road project (the “Ruta del Sol 2 Project”) for approximately US$ 935,000,000 (approximately COP$ 3,2…
…means of emergency relief. Indirect Enforceability by Analogy Many legal scholars are trying to determine whether the order provided under EA rules has the same legal effect as an order…
…or include more detailed clauses on indirect expropriation in their international investment agreements. Many States argue that the concept of indirect expropriation interferes with their rights to regulate, and amend…
…the ECT) and be awarded with compensation as a response to the host State’s action. The Tribunal concluded that Article 10(1) of the ECT protects investors from a fundamental regulatory…
…Arbitrator Information Project, a resource to provide reliable one-stop-shopping for information about arbitrators. The Project would collect and provide instant electronic access to all available and relevant awards, publications, judicial…
…maximalist view by claiming that foreign direct investment covers all types of investments, including non-direct foreign investments, such as portfolio investments. In contrast, the Member States have always furiously defended…
…little or no amendment. In that respect, the new Ordinance can be said to reflect best international practice. 3. Interim measures One of the central themes underpinning the new legislation…
…States, one can expect that the European Commission will do its utmost to “cetarize” the ECT and declare the ECT non-applicable for intra-EU disputes. Since the ECT is a multilateral…
…clarifies that the expropriation provisions of the TPP addresses both direct and indirect expropriation and set out the criteria to distinguish indirect expropriation from non-compensable measures. Tribunals must determine on…
…agree to use their own repositories or a dedicated repository provided by HKIAC. Using, for example, existing document repositories in an IPP project for the purposes of submitting project documents…
…arbitral tribunal in the ECT Vattenfall dispute. As is well known, the ECT Vattenfall dispute (as well as the dispute before the GCC) relate to the rather sudden decision of…
…cooperation in the energy sector. The ECT – and the ongoing discourse surrounding its modernisation – has been the subject of several recent Kluwer Arbitration Blog posts. There are numerous…
…a number of factors that increase the complexity of a construction project: The size of the project (g., the Hoover Dam in the US). The technology required (g., a deep-sea…
…modernization process of the ECT. As is well known, Spain and many other EU Member States are facing dozens of intra-EU ECT claims. Their efforts to convince ECT arbitral tribunals…
…was equivocal and capable of supporting both interpretations, the Court then considered the context, object and purpose of Article 8(3) of the PRC-Laos BIT. With respect to context, the SGCA…
…or regional electricity board standing in the shoes of the sovereign, whose interests are profound. The State as regulator can additionally affect the proceeding in direct or indirect ways. The…
…on the scene once again. Most of the Member States extended the effect of Achmea also to intra-EU disputes within the context of the Energy Charter Treaty (ECT), while a…
…certainty, this treaty only covers direct expropriation, which occurs when an investment is nationalised or otherwise directly expropriated through a formal transfer of title or outright seizure”. Thus, indirect expropriation…
…of the system. They are like buried treasure that the pilot will seek to uncover and collect. The pilot project will launch in June 2014 and run through December 31….
The OECD Secretariat launched, in 2018, a “FDI qualities project”. Its objective is to provide governments with a tool kit to attract investment that contributes as much as possible to…
…is that it is limited by the degree of comparability between the subject asset and the benchmark / comparable assets (or between the economic characteristics of the subject asset over…
…effect of Article 7 [JAL] is therefore that once an order for recognition and enforcement in respect of property in non-DIFC Dubai lands on the executive judge’s table, he or…
…where the arbitration has its seat raises legitimate concerns with respect to the negative effect of the competence-competence principle, as well as to the rush to courts that it might…
