Regime Interaction in Investment Arbitration

International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT

(Dentons US LLP), (Dechert), and (Dentons)/ /Leave a comment

International Law Weekend (“ILW”), held at Fordham Law School in New York City between October 20-22, 2022, celebrated the centennial anniversary of the American Branch of the International Law Association with a program entitled “The Next 100 Years of International Law.”  It brought together a wide variety of engaging panels and events to explore current…

ECT Modernisation, Energy Charter Treaty, EU Law, EU Permanent Court, Regime Interaction, Regime Interaction in Investment Arbitration

(NL-Investmentconsulting)/ /Leave a comment

Once upon a time, not so long ago, the two legal orders of on the one hand, international investment law (i.e., International Investment Agreements (IIAs) and investor-State arbitration provisions (ISDS)), and on the other hand, EU law, were peacefully co-existing next to each other with only occasional contact. Indeed, it was the time when the…

Arbitration Awards, International arbitration, Interpretation, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Treaty Interpretation, VCLT

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

In 2011, in an article titled ‘W(h)ither Fragmentation? On the Literature and Sociology of International Investment Law’, Professor Stephan Schill reflected on the prior decade of scholarly and practical developments in international investment law (IIL). He referred to the boom in specialised scholarship and the more than 400 investor-State disputes then in existence as reasons…

Arbitration Institutions and Rules, Human Rights, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Columbia Law School) and (Georgetown Law)/ /1 Comment

Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international law to some degree. If regimes are not autonomous,…

Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration

(Climate Change Counsel)/ /Leave a comment

Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of those years, nobody seemed to take that commitment very seriously. But things look different now: climate law has hit its stride. At COP26 in November…

Arbitration Institutions and Rules, BIT, Counterclaims, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Stockholm University) and (Durham Law School)/ /Leave a comment

This post deals with the conceptual underpinnings and theoretical justification for the practice of counterclaims in investment arbitration. First, it is important to delineate this post from an analysis of counterclaims case-law in investment arbitration, as ample accounts of the counterclaim debate in practice can be found here, here, and here.  Equally, this post does…

BIT, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration, Sustainability

(Durham Law School), , and (The Australian National University)/ /1 Comment

Debates about the fragmentation of international law and the sometimes conflicting relationship between a state’s and investor’s obligations under international investment law (“IIL”), on the one hand, and public international law and domestic law, on the other, have gained renewed relevance for investment arbitration. Issues related to the interactions between these regimes have featured in…