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),…