Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Investor-State arbitration, Investor-state tribunals, ISDS, Res Judicata

(University of Leicester)/ /Leave a comment

The recent award in Ahron G. Frenkel v. Republic of Croatia has already succeeded in dividing the very tribunal that rendered it—never an encouraging omen. It is unlikely to cease causing a stir in the near future, given its immediate impact on the claimant and its longer-term contribution to the perennial headaches induced by the…

Achmea, Domestic Courts, International Investment Arbitration, International Investment Law, Intra-EU BIT's, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investment Disputes, National Courts, PL Holdings

, (Fieldfisher)/ /Leave a comment

In a recent decision (the “Decision“), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the “Court”) ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU Bilateral Investment Treaty (“BIT“) to cooperate in terminating an arbitration, subject to a hefty daily penalty. Although there have been many court decisions addressing the enforcement of…

India, Modification of awards, Uncategorized

, (AZB & Partners)/ /Leave a comment

On 30 April 2025, a five judge constitutional bench (by a majority of 4:1) of the Supreme Court of India (“SC”) passed the much-awaited judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited (“Judgment”) on the issue of whether a court, hearing a challenge to the arbitral award, can modify the arbitral award. As discussed…

Arbitration Procedure, Arbitration Rules, Association Agreement, CAM Santiago, Commercial Arbitration, Madrid International Arbitration Center

(Zelaya Etchegaray)/ /Leave a comment

The Arbitration & Mediation Center of the Santiago Chamber of Commerce (“CAM Santiago”) and the Madrid International Arbitration Center & Ibero-American Arbitration Center (“CIAM-CIAR”) have concluded a strategic agreement whereby CIAM-CIAR will manage all international arbitrations submitted to CAM Santiago. While the agreement might initially appear to represent an outsourcing of CAM Santiago’s functions, potentially…

Colombia, Free Trade Agreements, Investment Arbitration, Investment protection, Treaty Interpretation

, (Adell & Merizalde)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

The United States-Colombia Trade Promotion Agreement (“TPA”), in force since 15 May 2012, has been interpreted through a 15 January 2025 decision (Decision No. 9) issued by the Free Trade Commission of the TPA (the “FTC Decision”), which introduced new binding interpretations of the treaty’s investment protection standards (Article 10.22.3). While much of the FTC…

Canada, Referral to Arbitration, Uber v. Heller, UNCITRAL Model Law

(University of Ottawa)/ /Leave a comment

Competence-competence is fundamental to arbitration. It prevents costly and onerous court proceedings from frustrating the dispute resolution process. For competence-competence to be effective, courts must take a step back and generally stay court proceedings if the dispute is also subject to an arbitration agreement. Still, there are times when courts’ deferral to arbitrators to define…

Arbitration Tech Toolbox, Artificial Intelligence, LegalTech, Technology

(Bridge Legal Group AG)/ /Leave a comment

The rapid evolution of legal technology (“legal tech”) presents both opportunities and challenges for arbitration practitioners. With the emergence of artificial intelligence (“AI”) tools and specialized software solutions, arbitration practices are increasingly seeking ways to streamline workflows, enhance efficiency, and maintain competitive advantages. However, selecting the right legal tech solution requires a nuanced approach that…

AfCFTA Investment Protocol, Africa, ICCA Kigali 2025, ISDS Reform

(Janssen Sanghavi & Associates)/ /1 Comment

In recent years, the Investor-State Dispute Settlement (“ISDS”) mechanism has attracted widespread criticism from countries, practitioners and academics, which has been the subject of  a vast amount of literature. UNCITRAL through Working Group III has been working on possible reforms of ISDS since 2017. During its 51st Session, UNCITRAL Working Group III agreed that the…

Climate change, Human Rights, International Investment Arbitration, International Law

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Asociación Latinoamericana de Arbitraje (ALARB)

The intersection of climate change and international investment law has become an increasingly pressing issue in ISDS, shaping both disputes and policy responses. In recent years, a growing number of disputes have emerged, challenging the balance between States’ regulatory autonomy to implement climate policies and investors’ treaty-based protections. Against this backdrop, the American Society of…

Investment, Most Favoured Nation (MFN), Ukraine, United States

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On 30 April 2025, the United States and Ukraine signed the long-awaited Agreement between the Government of Ukraine and the Government of the United States of America on the Establishment of a United States-Ukraine Reconstruction Investment Fund (“Minerals Deal”). The Minerals Deal, which, according to the Ukrainian government, will promote substantial investments in Ukraine, was…

Art and Arbitration, German law, Germany

(Gleiss Lutz) and (University of Tübingen)/ /Leave a comment

On March 26, 2025, the German Federal Government, the federal states (Länder), and municipal organizations entered into an agreement to establish arbitral proceedings for claims concerning Nazi-confiscated art. This article endeavors to show the cornerstones of the new arbitration procedure as well as to highlight some possible weak points of this reform.   Lost Art…

Arbitration, Enforcement, From Execution, Sovereign Immunity

(Asher Research)/ /Leave a comment

To enforce arbitral awards against recalcitrant sovereign debtors, creditors have occasionally resorted to searching for assets embezzled from sovereigns and seeking to attach them. But two recent cases – Commissions Import Export SA v. Republic of the Congo, et al. and Casa Express Corp. v. Bolivarian Republic of Venezuela – show that any creditors adopting…

Guatemala, Investment Arbitration, Jurisdictional challenge, Latin America, Legality of the investment

(ECIJA) and / /Leave a comment

In investment arbitration, it is widely recognized that to benefit from the protection of an investment treaty, the investment must be legal. Tribunals assess this legality either because the treaty explicitly mandates it (e.g., Ecuador-Sweden BIT) or because the tribunal assumes this authority even if the treaty is silent (e.g., Worley v. Ecuador). In either…

Africa, Botswana, Resource Nationalism

, (Fieldfisher)/ /Leave a comment

Following last year’s surprising change of government in Botswana, one of the largest diamond mining countries, investors in the country’s natural resources sector could see an increase in the risks impacting their projects. Botswana’s economy has been experiencing a slowdown – growth decreased from 5.5% in 2022 to 1% in 2024. In addition, the newly-elected…

Annulment, Commercial Arbitration, Competence-Competence, Enforcement, Latin America, Non-signatory

(FERRERE Abogados)/ /Leave a comment

On March 18, 2025, the Office of the Paraguayan Presidency’s Legal Counsel submitted to the Paraguayan Arbitration and Mediation Center (the “Center”) its draft to modernize Law No. 1879/2002, the Paraguayan Arbitration Act (the “Project”), following a recent trend in other jurisdictions amending their arbitration legislation (e.g., France, the UK, and Germany). The Center has…

Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Teaching International Investment Arbitration Series

(Duke University School of Law) and (White & Case LLP)/ /Leave a comment

One could be forgiven for thinking that teaching international economic law in the United States (“U.S.”) is challenging these days. The U.S. has disabled the World Trade Organization’s (“WTO”) Appellate Body. In the United States-Mexico-Canada Agreement (“USMCA”), the parties (following a transition period) eliminated Investor-State Dispute Settlement (“ISDS”) between the U.S. and Canada and curtailed…

Bahrain, kompetenz-kompetenz, MENA

(Supreme Judicial Council, Kingdom of Bahrain)/ /1 Comment

In a significant decision issued on 24 June 2024 (Case No. 200 of 2023), the Bahraini Court of Cassation (“Court of Cassation”) reaffirmed the centrality of arbitral autonomy by upholding the principle of Kompetenz-Kompetenz. This doctrine, foundational in international arbitration, empowers arbitral tribunals to rule on their own jurisdiction, including disputes over the existence or…

Arbitration Reform, Pakistan, Public Policy

(Hussain Zaman Associates)/ /Leave a comment

Pakistani Courts typically employ an expansive interpretation of the term ‘public policy’ when determining arbitrability of an international dispute or the enforcement of foreign arbitral awards. As a consequence, in recent years, some of the awards (with political and monetary importance for Pakistan) from international arbitral tribunals have been denied enforcement by the Pakistani Courts….

Damages, Experts, Investment Arbitration

(Compass Lexecon)/ /3 Comments

Country Equity Risk Premium (CERP) represents the additional return equity investors require to compensate for the heightened risks of investing in a particular country. These risks may arise from political instability, economic volatility, currency fluctuations, expropriation threats, and weaknesses in the legal and regulatory framework. Each of these risk components can, in principle, be separately…

Anti-arbitration Injunction, Anti-suit injunction, Russia, Sanctions

(ArbBoutique & Queen Mary University of London), (ArbBoutique), and (London School of Economics and Political Science)/ /1 Comment

Anti-suit injunction (“ASI”) cases have risen in number in the United Kingdom (“U.K.”) over the last two decades. Sanctions imposed by various States, including the European Union (“EU”) and the U.K., have been in place against Russia for about half of this period in light of its invasion of Ukraine and the on-going Russia-Ukraine war…

Africa, ICCA Kigali 2025

(University of Cape Town) and (Nater Dallafior)/ /Leave a comment

This is the third post in ICCA’s series of posts focused on international arbitration in Africa in the lead up to the ICCA-KIAC joint conference “Africa & International Arbitration: Untold Stories,” taking place in Kigali on 5 June 2025.   Introduction Over the last two decades, Africa has experienced robust economic growth, increasing its appeal…

Reform, Uganda

(Anguria & Co. Advocates)/ /1 Comment

A few years ago, the government of Uganda embarked on Rationalization of Government Agencies and Expenditure (RAPEX) Reform to eradicate structural and functional duplications, mandate overlaps, and expenditure deemed uneconomical. As such, over 31 bills have received presidential assent, drawing the curtain on agencies that were either absorbed by the line ministries, merged with others…

Arbitral Award, ICCA, ICCA Awards Series, Uncategorized

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

ICCA is pleased to alert readers to the release of the 2024 volume of the ICCA Awards Series, now available in print, as well as online in the Kluwer Arbitration database. The volume contains 10 significant awards rendered in both ad hoc proceedings, as well as through institutional arbitrations administered by the Arbitration Foundation of…

Insolvency, SIAC Insolvency Protocol, Singapore, Stay of Proceedings

(Drew & Napier LLC)/ /Leave a comment

As defined by Mister Fantastic in the Marvel Cinematic Universe, “[a]n Incursion occurs when the boundary between two universes erodes and they collide, destroying one or both entirely.” In the realm of commercial disputes, a similar incursion has taken place for some time between two competing legal regimes — arbitration and insolvency. In the recent…