Amicus Curiae

Achmea, Amicus Curiae, Energy Charter Treaty, Enforcement, Intra-EU Investment Arbitration, Intra-EU ISDS, Set aside an arbitral award, Spain

, (BakerHostetler)/ /Leave a comment

On February 2, 2024, the United States filed an amicus brief (the “Amicus”) responding to a request from the United States (“US”) Court of Appeals for the DC Circuit to provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain….

Amicus Curiae, Arbitration, Arbitration Award, empirical data, Empirical Research, Procedure, Transparency, transparency, Transparency in investment arbitrations

(WilmerHale)/ /Leave a comment

On 5 May 2022, Young ITF hosted its launch event, covering a debate on the motion that “[t]his House believes that greater use of Amicus briefs will address the legitimacy crisis that [Investor-State-Dispute-Settlement (“ISDS”)] is facing”. The selection of this topic seemed reasonable as the legitimacy crisis of ISDS particularly affects the upcoming generation of…

AfCFTA, AfCFTA Investment Protocol, Africa, Amicus Curiae, Cultural heritage, India, Investor-State arbitration, ISDS

(Africa Arbitration Academy )/ /5 Comments

Many will recall the historic ruling of Justice Neil Gorsuch in McGirt v. Oklahoma (2020), where the United States Supreme Court upheld an 1866 treaty between the United States and the Muscogee (Creek) Nation, which established the Muscogee Nation’s geographic borders. The Court decided that much of current Eastern Oklahoma is to remain Indian land…

Amicus Curiae, Arbitration, Energy Charter Treaty, European Commission, European Law, European Union, Intra-EU BITs

(Freshfields Bruckhaus Deringer LLP) and (Seven Summits Arbitration)/ /Leave a comment
Young ICCA

Reliance on the investor-state dispute resolution (ISDS) mechanism of the Energy Charter Treaty (ECT) is booming, with at least ten new cases registered in the past year alone. Notably, nine of these ten cases – and almost 60% of all publicly reported cases initiated to date – have been brought by an investor from a…

Amicus Curiae, Enforcement, International Court of Justice, International Courts, Iran-United States Claims Tribunal, ITLOS, Model BIT, TPP, U.S. Supreme Court, Venezuela

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Recently the U.S. Executive Branch made headlines by agreeing with Venezuela. In particular, the Executive Branch filed an amicus curiae submission in New York federal appeals court in which it agreed with Venezuela regarding the treatment of ICSID awards in U.S. courts. According to the U.S. Executive (and Venezuela), a party seeking recognition of an…

Amicus Curiae, Investment Arbitration, SIAC, Singapore, Singapore International Arbitration Centre, Third party funding

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Singapore International Arbitration Centre (“SIAC”) published a draft of new investment arbitration rules (the “draft SIAC IA Rules”) for public comment on 1 Feb 2016. They will be finalized on 27 May 2016. The draft SIAC IA Rules are a unique hybrid of modern commercial arbitration rules and specialist investment arbitration rules (e.g. the…

Africa, Amicus Curiae, BIT, Canada, Investment Arbitration, Oil & Gas

(Allen & Overy LLP) and (A&O Shearman)/ /Leave a comment

In the past two years, Canada has signed BITs with nine African states: Benin (January 2013), United Republic of Tanzania (May 2013), Cameroon (March 2014), Nigeria (May 2014), Senegal (November 2014), Mali (November 2014), Cote d’Ivoire (November 2014), Burkina Faso (April 2015) and most recently Guinea (May 2015). The first eight of these treaties (the…

Amicus Curiae, European Commission, European Law, European Union, Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Injunction, Investment Arbitration, Review on the merits, Romania, Sweden, Uncategorized

(University of Aberdeen )/ /Leave a comment

 ‘By putting its head in the sand, the ostrich can see no problems, and if it can’t see any problems, they don’t exist”[1] To what extent can legal systems differ? Can these differences be legitimate enough to collapse a “conflictive” legal system? These two ambitious questions are difficult to be answered in one go, and…

Amicus Curiae, European Commission, European Law, ICSID Arbitration, Non-Disputing Parties

, (González-Bueno & Asociados)/ /Leave a comment

The controversial role of non-disputing parties has been the object of a significant amount of literature. While third party funding was a hot topic hitherto, the so-called amicus curia, and its evolving role, might be back in the spotlight. Since the first ICSID amicus case -the Bechtel case- until today, the rights, interests at stake…