…substantive reform of ISDS or additional/alternative considerations for the reform. For instance, commentators, inspired by ongoing procedural reform discussions, explored potential approaches to substantive reform of ISDS. As reported by…

…why courts would cite to other courts in the context of international law fragmentation. Precedent is particularly important in ISDS practice because its ongoing reform is a focus of the…

…an investor-friendly environment. In 2023 alone, this included reforms in national legislation, international instruments, and institutional rules. On the national legislation front, the flagship reform is the enactment in June…

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions…

…enabling them to bring counterclaims (see Hesham T. M. Al-Warraq v Republic of Indonesia, UNCITRAL, Final Award (15 December 2014), para. 667). Moreover, the risk of counterclaims may compel investors…

…a landmark shift. This legislative overhaul introduces innovative provisions and adopts the 2006 and 2010 amendments to the UNCITRAL Model Law on International Commercial Arbitration Framework into Nigeria’s arbitration legislation….

…and based on the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“UNCITRAL Model Law”), expressly recognizes the powers of both the arbitrator (See Article 1479 MAA) and the…

…laws. Such streamlining would promote efficiency in international business and advance the objective of the UNCITRAL Model Law on International Commercial Arbitration to harmonize national approaches to arbitration from the…

Under Article 34 of the UNCITRAL Model Law (“Model Law”), an arbitral award may be set aside if the arbitration agreement is “not valid”. A more controversial issue is whether…