Environmental protection

Colombia, Environmental protection, Investment protection, Latin America, Minimum Standard of Treatment

, (Baker McKenzie)/ /Leave a comment

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). In this post, we discuss the background to this decision as well as the tribunal’s ruling regarding the merits (minimum standard of treatment…

Environment, Environmental protection, European Convention on Human Rights, European Court of Human Rights, International Arbitration Procedures, International dispute resolution, International Investment Arbitration, International Investment Law, International Law, Switzerland

, (Shearman & Sterling)/ /Leave a comment

On April 9, 2024, the European Court of Human Rights (“Court” or “ECtHR”) delivered its highly anticipated ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (“KlimaSeniorinnen”), holding that Switzerland had breached the European Convention on Human Rights (“Convention” or “ECHR”) by taking inadequate action on climate change. Two other climate-related cases that were decided the…

Abuse of interests, Dominican Republic, Environmental protection, Latin America, Legality of the investment

, (Von Webser y Sierra)/ /Leave a comment

On October 6, 2023, an arbitral tribunal composed by Diego P. Fernández Arroyo (President), Christian Leathley, and Marcelo Kohen (the “Tribunal” or “Arbitral Tribunal”) issued the final award in the dispute between Michael Anthony Lee-Chin (“Claimant”), a Jamaican national, and the Dominican Republic (“Respondent”) (the “Award”). The dissenting opinion of Professor Marcelo G. Kohen accompanied…