Environment

Arbitration, Bosnia and Herzegovina, Diversity, Efficiency, Environment, Technology, Virtual hearings

(Association ARBITRI) and (Sudžuka & Co. d.o.o.)/ /Leave a comment

The Sixth Sarajevo Arbitration Day conference took place on 23 October 2020 and it was dedicated to the opportunities to adopt positive arbitration practices amidst the challenges created by the Covid-19 pandemic. This annual conference organized by the Association ARBITRI took place online for the first time and gathered legal practitioners from all over the…

ECT Modernisation, Energy Charter Treaty, Environment, European Union

(Boies Schiller Flexner LLP) and (Charles University)/ /Leave a comment

The signatories of the Energy Charter Treaty (“ECT”) have begun the process of the Treaty’s modernisation. This is by no means a small task given the complexity of the Treaty’s scope which covers energy trading, efficiency, transit, investment protection and dispute resolution. Additionally, in order to amend it, all the signatories need to be on…

Best practices, COVID-19, Environment, Procedure, sociology of international arbitration

(Greenwood Arbitration) and (Columbia Law School)/ /2 Comments

In an industry which thrives on lofty ideals of amicable dispute resolution and open debate, it is startling to observe that the environmental impact involved in the conduct of international arbitrations has received little attention.  This is not to suggest that the international arbitration community has completely ignored the issue, but the focus has been…

Arbitration, Climate change, Environment

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

The legal considerations arising out of climate change and environmental matters more generally have been considered extensively in the context of worldwide litigation, and, to some extent, in investment treaty arbitration. However, such issues have not been subject to the same level of public debate in the commercial arbitration sphere. This post analyses how environmental…

Counterclaims, Damages experts, Ecuador, Environment, Independent experts

(Herbert Smith Freehills) and (Herbert Smith Freehills )/ /Leave a comment

After 11 years and more than US$ 89 million in costs,1)Perenco claimed US$ 57,923,322 in legal costs and other expenses, while Ecuador claimed US$ 31,620,369.27 for legal costs and other expenses and an additional US$ 49,629.76 for Petroecuador’s legal costs (a total of US$ 31,701,618.76). an international tribunal rendered a final decision awarding damages in…

Environment, Investor duties, Investor-State arbitration

, , (Columbia Center on Sustainable Investment)/ /Leave a comment

Our planet faces unprecedented threats, including irreversible global warming, loss in biodiversity, and water pollution and water scarcity. The impacts of these environmental crises also threaten human rights and exacerbate inequality. Slowing these worsening environmental trends – and addressing the impacts of environmental change on populations – will require cumulative policy responses at the national…

BIT, Corporate Social Responsibility, Environment, Human Rights, Investment agreements

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Ever since its inception, investment arbitration has benefited from a perception of self-contained ecosystem that does not interact with any other normative subject matter. Investor-State tribunals for the most part have been reluctant to accommodate the application of non-investment obligations and treaties, claiming either lack of jurisdiction over such claims, or affirming upfront that non-investment…

Arbitration, Arbitration Proceedings, Environment, ICSID, International arbitration, Investment Arbitration

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The CERSA (CNRS, University Paris II Panthéon-Assas) organized its fourth event in a series of seminars on selected topics in international investment law and ISDS. On 28 March 2019, a distinguished panel of practitioners and academics gathered in Paris to exchange views on ‘Environmental Considerations in Investment Arbitration’. The discussion was moderated by Catharine Titi…

Energy, Environment, LIDW 2019

, (Latham & Watkins LLP)/ /Leave a comment
Young ITA

The session on Energy Disputes of the LIDW 2019, hosted by Latham & Watkins and chaired by Sophie Lamb QC and Philip Clifford QC, took place on 9 May 2019 at Painters’ Hall.  The session was divided into two panels. The first panel, titled ‘A commercial landscape in transition – lessons from the past as…

Deep Sea Mining, Environment, Law of the Sea, UNCLOS

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Deep sea mining regulation is an extremely young field of international law. Recently, there have been some important evolutions in the debate around the contractual and environmental rules that will organize the exploitation of mineral resources in the areas of the seabed beyond the continental shelf – hereafter referred to as “the Area”. Nevertheless, few…

Environment, Human Rights, Investment, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor-State arbitration, ISDS

(Stockholm University)/ /Leave a comment

Based on the panel discussion moderated at the 30th Annual ITA Workshop and Annual Meeting, with panelists Lorraine de Germiny, Robert Landicho, and Laura Sinisterra.1) This post is a summary of the first panel discussion of the Young ITA Roundtable, 30th Annual ITA Workshop and Annual Meeting: Multiple Proceedings, Multiple Parties, and International Arbitration: What…

Arbitration, Counterclaims, Environment, Investment agreements, Investment Arbitration, Investor-State arbitration

(Twenty Essex) and (King's College London)/ /Leave a comment

The potential clash between protection of investors under investment treaties and protection of the environment has emerged in a number of recent arbitrations. More than 60 investment disputes filed since 2012 have had some environmental component. Amongst them, there have been several cases in which States have sought to enforce environmental law against investors in…