Investment, Investment Arbitration, Investment protection, Investment Treaties, Investor-State arbitration, ISDS Reform, UNCITRAL

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Reform of Investor-State Dispute Settlement (ISDS) system has become the focus of various initiatives of different international organizations and groups in the past years. Currently, there are various developments taking place at various levels of the ISDS system. For example, (i) the new generation of international investment treaties—in particular, the new Free Trade Agreements signed…

Announcement, Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for Africa. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on the Blog, while actively being…

2018 In Review, Arbitration Quiz, New Year Arbitration Quiz

(MDisputes), (Stockholm University), and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

The Kluwer Arbitration Blog thanks everyone who responded to the New Year Arbitration Quiz, and have decided that all those who responded will receive free subscriptions to this blog for 12 months.1) It is true that the Kluwer blog is already free. In keeping with the theme of arbitration, however, we felt our award should…

2018 In Review, Arbitration, Kluwer Arbitration Blog

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December is the month when we slow down, enjoy the festive season and (the well-deserved) holidays. December is also the month of retrospection and of planning for the year to begin, always hoping to do better, and today we would like to do the same for the Kluwer Arbitration Blog. Last year, we were expecting…

Announcement

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following position with Kluwer Arbitration Blog: Assistant Editor for North America, covering Canada and USA. The Assistant Editor reports directly to the coordinating Associate Editor and is expected to (1) collect, edit and review guest submissions from the designated region for posting on…

Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS

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Based on the panel discussion moderated at the 30th Annual ITA Workshop and Annual Meeting, with panelists Lorraine de Germiny, Robert Landicho, and Laura Sinisterra.1) This post is a summary of the first panel discussion of the Young ITA Roundtable, 30th Annual ITA Workshop and Annual Meeting: Multiple Proceedings, Multiple Parties, and International Arbitration: What…

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

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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…

Arbitration, Kluwer Arbitration Blog

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In January 2018, Kluwer Arbitration Blog will enter its 9th year of existence and we are pleased to see the Blog developing into such a successful forum of international arbitration. The scope of the Blog – as unveiled in 2009 – is to include high quality discussions on international arbitration, commercial and investment related, and…

Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR China) and Assistant Editor for Africa. The Assistant Editors report directly to the Associate Editors and are expected to (1) collect, edit and review guest…

Kluwer Arbitration Blog

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The Editorial Board of Kluwer Arbitration Blog announces the opening of the following positions with Kluwer Arbitration Blog: Assistant Editor for Europe, Assistant Editor for Asia (Hong Kong and PR China) and Assistant Editor for Africa. The Assistant Editors report directly to the Associate Editors and are expected to (1) collect, edit and review guest…

Arbitration, Kluwer Arbitration Blog

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Professor Roger Alford, the Editor of Kluwer Arbitration Blog, was appointed to leadership role at the U.S. Department of Justice, where he will promote the enforcement of antitrust laws around the world. Professor Alford will be the deputy assistant attorney general for international affairs in the DOJ’s Antitrust Division, in which capacity he will manage…

Arbitration, Arbitrator Intelligence, Arbitrators

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Wolters Kluwer Legal & Regulatory U.S. today announced its collaboration with Arbitrator Intelligence (AI) to improve resources available to the arbitration community and bring more transparency to the arbitration process. Through this collaboration, Wolters Kluwer will provide AI’s Arbitrator Intelligence reports on Kluwer Arbitration, making highly valuable data widely available and providing users with important…

Arbitration Institutions and Rules, ICSID, ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, ISDS

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In October 2016, the ICSID advised the Member States of the ICSID Convention that it was beginning the fourth amendment process since the enactment of the definitive ICSID Arbitration Rules in 1967. The first amendment to the Rules took place in 1984 and mainly referred to the possibility to resort to national courts for provisional…

BIT, European Commission, European Law, European Union, ICSID Convention, Intra-EU BITs, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Poland, Sweden

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On 8 March 2017, the Romanian Parliament sent to the Romanian President for promulgation the Law allowing for the termination of the Bilateral Investment Treaties between Romania and other Member States of the European Union (“Intra-EU BITs”). This comes after Poland adopted a similar measure at the beginning of January 2017 and with the European…

Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia

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No doubt that the last three years have been quite busy for the Energy Charter Treaty (ECT) and for the Energy Charter Conference. The number of investor-state arbitration cases under Article 26 of the ECT doubled in this time span, going from thirty known cases to sixty-eight (as reported on the website of the Energy…

Arbitration

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The applications for the Brandon Research Fellowship funded by Mr Michael Brandon (1923 – 2012) are open until 23 September 2013. The Fellowship supports research on topics of public or private international law or international arbitration, at the Lauterpacht Centre for International Law at the University of Cambridge. The Brandon Fellow will be awarded £3,000…

Arbitration, Arbitration Act, Brazil

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At the beginning of April, the Brazilian Senate established a Committee for the modification of the Brazilian Arbitration Law – Law no. 9.307 of September 1996. The president of the Committee, Luís Felipe Salomão, believes that the new amendments will strengthen arbitration, as an alternative dispute resolution mechanism. Salomão suggests that the goal of these…

Arbitration, ICC Arbitration

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The ICC Institute of World Business Law has launched the 2013 edition of the Institute Prize for dissertations and essays on international commercial law, including arbitration, for anyone under the age of 40. The Prize of 10,000 Euro is awarded by a jury consisting of members of the ICC Institute Council. Essays and doctoral dissertations…

Argentina, ICSID Convention, Investment, South America

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So you placed your bets on Argentina’s recovery after the 2001 crisis? It is not too late to give it another thought. While Argentina’s economy grew by approximately 9 percent in 2011, it fell dramatically in 2012 to around 3 percent. The (unofficial) inflation rate is set to 25% and the dollar reached a staggering…

BIT, Energy Charter Treaty, Investment, Investment agreements, Investment protection

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The notion of ‘investment’ has been one of the most controversial issues in arbitral proceedings instituted under the ICSID Convention. The award rendered by the UNCITRAL arbitral tribunal in Romak v. Uzbekistan has brought the issue outside of the ICSID context and concluded that, despite the broad definitions of ‘investment’ in Bilateral Investment Treaties (BITs),…