Attribution

Attribution, Awards, Investor-State arbitration, Investor-state tribunals, ISDS

, (Kim & Chang)/ /Leave a comment

On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching the same substantive result as last year’s award in Elliott Associates L.P. v. Republic of Korea (PCA Case No. 2018-51) (“Elliott”), while disagreeing on the…

Attribution, International Court of Justice, International Investment Arbitration, Public international law, State Responsibility, State Responsibility for Damage, Treaty Interpretation, VCLT, Vienna Convention on the Law of Treaties, Washington Arbitration Week

(PDGB), (Concepción Global, PLLC, Universidad Complutense de Madrid), , and (Xtrategy LLP)/ /Leave a comment

On 30th of November 2022, Washington Arbitration Week 2022 continued with several panels held in hybrid format. This post presents some highlights of the panel titled ‘The Influence of Public International Law in Investment Arbitration,’ which featured as moderator Mr. Lee M. Caplan (Arent Fox) and as panelists Prof. Dr. Yannick Radi (UC Louvain), Ms….

Attribution, Libya, State Responsibility

(University of Ottawa Faculty of Law, Civil Law Section)/ /Leave a comment

Under Article 10(1) of the ILC Articles on State Responsibility, acts committed by rebels (or any other type of ‘insurrection movements’) during a successful insurgency aimed at establishing a new government are attributable to the State after their victory. After the civil war, and once the rebels have formed a new government, the State will…

Attribution, Australia, BIT, Indonesia, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, ISDS, ISDS Reform

(Australian National University)/ /3 Comments

Last month, Australia and Indonesia signed the Indonesia-Australia Comprehensive Economic Partnership Agreement (‘IA-CEPA’), containing in Chapter 14 provisions related to the protection of foreign investments. Negotiations of an IA-CEPA were initially announced in 2010, and formally began in September 2012. The negotiations were thereafter suspended, but relaunched in March 2016. Signature and ratification of the…

Attribution, ICSID Arbitration, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Investor-State arbitration

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In the recently published award in Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39)1) Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39), Award, dated 26 July 2018. the tribunal considered whether the notion of attribution extends to the non-wrongful conduct of various State or State-linked…

Attribution, BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, ILC Articles on State Responsibility, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, Middle East, State Agency, UAE

(Blanke Arbitration LLC)/ /Leave a comment

By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International Convention for Settlement of Investment Disputes (ICSID), also commonly referred to as the Washington Convention, dismissed all claims brought by a US national against the…

Attribution, BIT, ICSID Convention, Responsibility of States

(Central European University)/ /Leave a comment

Whereas cases of direct expropriation have become relatively rare in international investment arbitration and claims of breach of fair and equitable treatment obligation or indirect expropriation are currently more common, the profile of respondents in ICSID arbitration proceedings has also changed. However, if both investors and host governments are likely to agree that States may…