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…

As part of Day 1 of Paris Arbitration Week (“PAW”), Laborde Law held its first PAW event of the week at the Hotel Plaza Athénée, which included two panels addressing issues related to investor-State Dispute Settlement (“ISDS”). The first panel discussed “ISDS Enforcement War Stories and Lessons”, and the topic of the second panel was…

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here, here, and here). These developments suggest a move towards a more balanced…

The growing antagonism in civil society and the asymmetries in international investment agreements (IIA) lead to a cautious proliferation of enforceable obligations against investors (investor obligations) in several newer IIAs (e.g. Chapter 6-10 of ECOWAS Common Investment Code 2018; Art. 10 and Annex II of Angola-Brazil Bilateral Investment Treaty (BIT) 2015; and for an overview…

Readers with antennas tuned to the happenings of the reform process for investor-State dispute settlement at UNCITRAL will know that the topics of damages and causation are on the agenda.  Indeed, at the last sessional meeting of Working Group III, draft provisions on damages and causation were discussed.  These provisions might find their way into…

On 3 February 2023, Colombia and Venezuela entered into an Agreement for the Reciprocal Promotion and Protection of Investments (“Treaty”), with the objective of “incrementing the flow of transborder direct investment.” Both states are still to complete the ratification procedure for the Treaty to enter into force. This is an interesting development, especially considering the…

As part of Day 1 of the 2023 Paris Arbitration Week (PAW), Laborde Law and Honlet Legum organised a discussion between Meg Kinnear (ICSID, Secretary General), Toby Landau KC (Duxton Hill Chambers), and Prof. Alain Pellet (Paris X University) on “The Future of Investment Arbitration?”. The event was moderated by Gustavo Laborde (Laborde Law), Jean-Christophe…

2022 was undoubtedly the most challenging year in the history of independent Ukraine. The international implications of Russia’s war against Ukraine, including economic sanctions and global energy and food crises, have been felt even in the most remote corners of the globe. Unsurprisingly, the war also stalled the majority of investment arbitrations involving Ukraine, affecting…

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….

The third edition of the Washington Arbitration Week (WAW), founded by Ian Laird (Crowell) and Jose Antonio Rivas (Xtrategy), took place in a hybrid format from November 28 to December 2, 2022 and included 15 panels. On December 1, 2022, the conference held a discussion on the topic of international investment protection of space assets….

Despite the ongoing Russian full-scale invasion of Ukraine and constant terror, Ukrainian courts continue to function and deliver justice. Recently, the Supreme Court has adopted a landmark judgment regarding the enforcement of ICSID awards in Ukraine, which is set to change judicial practice going forward. Our colleagues previously highlighted the deficiencies of the Ukrainian court…

On Thursday, 6th October 2022, the Asian International Arbitration Centre (“AIAC”) kickstarted its first-ever hybrid Asia ADR Week conference, themed Compassus: The Odyssean Course to the Modern ADR with a session titled Here Comes Sparta – The Impact of Armed Conflicts on International Arbitrations. The insightful discussion was moderated by Dr Ana Maria Daza-Clark (University…

FET is often described as the core standard of international investment law.  Recently, there has been renewed discussion on its intended meaning, by reference to a range of source materials that arguably reflect States’ intentions at the time of concluding investment treaties.  On December 10, 2021, the Dispute Resolution Interest Group of the American Society…

Introduction On November 2021, an Arbitral Tribunal issued the award in an investment arbitration case commenced by three subsidiaries of Kimberly-Clark against Venezuela. The claims where brought under the BITs between Venezuela and the Netherlands (Dutch BIT), Venezuela and Spain (Spanish BIT), and Venezuela and Belgium (Belgium BIT). The award, which is highly case-specific, established…

Earlier this week, the YSIAC Conference 2021 took place virtually for the first time since its inception. The opening webinar was a panel discussion titled “Resolving ESG Disputes Through International Arbitration”, which agenda was to analyse the disputes in the buzzing environmental, social and governance (“ESG”) domain, distil the trends and lessons learnt therefrom, and…

The International Convention on the Settlement of Investment Disputes (ICSID Convention) contains two provisions regulating compliance with arbitral awards. Article 53(1) provides that an award shall be binding on the parties. Article 54(1) requires each contracting State to recognise an ICSID award as binding. In this regard, it is common for parties to comply with…

On June 21, 2021, Ecuador’s Ambassador to the United States, Ivonne Juez Abuchacra de Baki, signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention“) on behalf of the Republic of Ecuador (“Ecuador“).  With Ecuador, the number of signatory States to the ICSID Convention is now…

Intra-EU investment agreements and arbitration have been a highly divisive issue in European policy circles for decades. The European Commission has been forcefully pushing for the termination of these agreements since the early 2000s. It criticised inter alia that intra-EU investment agreements and arbitration undermine the European legal order and create inequality among European investors…

In 2020, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From the entry into force of the United States – Mexico – Canada Agreement (USMCA) signed over a year ago, as well as numerous cases and actions still arising from the Odebrecht scandal that became public back…

The Regional Comprehensive Economic Partnership (RCEP) was signed by its 15 Parties (after India, an initial negotiating party, withdrew from negotiations) on 15 November 2020.1)This article represents the authors’ personal opinions and does not represent the opinion of their respective organisations. The signature of this agreement amid the COVID-19 pandemic has made quite a headline…

The 99th Annual Meeting of the American Branch of the International Law Association (“ILA (American Branch)”), known as International Law Weekend (“ILW”), took place virtually this year in New York City on 22-24 October 2020.  This year’s conference included 27 panels, as well as an Opening Plenary Panel, a United Nations 75th Anniversary Plenary Panel, and numerous…

As has been previously reported in this blog (e.g., here and here), there exists a rising interest globally for alternative forms of dispute resolution (ADR) for investor-state disputes. Indicative examples from investment treaty-making confirm this, including the USMCA, CPTPP, the EU’s investment agreements with Canada, Singapore and Viet Nam, ACIA, and the China-Hong Kong CEPA…

Arbitration has undoubtedly become the dominant international procedure for settling investor-State disputes. Over the years, we have published various posts on the Blog that have considered intersections and tensions between arbitration and other, alternative, forms of investor-State dispute settlement (‘ISDS’). To mark this month’s entry into force of the Singapore Convention on Mediation, our series…

Arbitration has been the default dispute resolution mechanism in the investor-state dispute settlement (ISDS) regime for a long time. Provisions for third-party procedures other than arbitration have been relatively rare in older generation bilateral investment treaties (BITs). Even where those have provided in advance for the option of ICSID (Convention or Additional Facility) Conciliation Rules,…