Customary international law

Climate change, Customary international law, Dispute Settlement, Environment, ICSID Arbitration, International Investment Law, International Law, Uncategorized

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ISDS has faced harsh criticism from environmental groups as being inimical to the protection of the environment. This post argues that environmental protection is an emerging jus cogens norm, and thus, an arising erga omnes obligation, which investment tribunals must recognize as such. Additionally, it explores the legal consequences of applying this public international law…

Applicable Law, Customary international law, ICSID, ICSID Arbitration, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS

(Three Crowns LLP) and / /1 Comment
Three Crowns LLP

Without the rights and protections of a treaty, a foreign investor who suffers a wrongful act at the hands of a host State traditionally has no legal standing to pursue an international claim against that State.1) Case Concerning the Barcelona Traction, Light & Power Company Limited (Belgium v Spain) (Second Phase) [1970] ICJ Rep 3,…

BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Singapore Court of Appeal, Vienna Convention on the Law of Treaties

, , (Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

Part I of this two-part blog post summarized the recent judgment of the Singapore Court of Appeal (“SGCA” or the “Court”) in Sanum Investments Ltd. v Government of the Lao People’s Democratic Republic (“Sanum v Laos”). This Part II provides some comments on that judgment and its significance, including its impact on future Singapore court…

BIT, China, Customary international law, Expropriation, Fair and Equitable Treatment, Investment, Investment Arbitration, Investor, Laos, Macau, Singapore, Taxation, Vienna Convention on the Law of Treaties

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WilmerHale

On 29 September 2016, the Singapore Court of Appeal (“SGCA” or the “Court”) released its much-anticipated judgment in Sanum Investments Ltd. v Government of the Lao People’s Democratic Republic (“Sanum v Laos”). In a carefully reasoned decision, Singapore’s apex court reversed a decision of the Singapore High Court, which had previously held that an UNCITRAL…

BIT, Costs in arbitral proceedings, Customary international law, Expropriation, Fair and Equitable Treatment, Free Trade Agreements, ICSID Arbitration, ICSID Convention, Investment Arbitration, Middle East, Treaty Interpretation, UAE, United States

(Blanke Arbitration LLC)/ /Leave a comment

This is Part II of a previous blog, discussing a recent Award dated 27 October 2015 rendered in ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman and dismissing all claims against Oman (see Part I of the blog). By way of reminder, the claims brought in these ICSID proceedings…

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…

Arbitration, Customary international law, India, International Law, Pakistan, Permanent Court of Arbitration, Res Judicata

(University of Alberta Faculty of Law)/ /Leave a comment

On 20 December 2013, the final phase in the Indus Waters Kishenganga Arbitration was completed with the rendering of a Final Award by the seven-member Court of Arbitration (“Court”) tasked with resolving the latest water dispute between Pakistan and India. The Court was constituted in 2010 following a Request for Arbitration submitted by Pakistan under…