Investment Arbitration

Dual Nationals, Interstate arbitral awards, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor, Latin America, Venezuela

, (JGTorrealba)/ /Leave a comment

In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta’s pharmaceutical business, including an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the…

Corruption, Investment agreements, Investment Arbitration, Investment Disputes, Latin America, Peru

, (Rodrigo Elías & Medrano)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On 1 December 2022, the Tribunal in the Panamericana Television S.A (hereafter, “Pantel” or “Claimant”) v. The Republic of Peru (hereafter, “Peru” or “Respondent”) case issued its Final Award, in which not only did it reject the merits of Pantel’s claims, but it also dismissed, among others, the objection ratione materiae formulated by Peru, based on Articles 2,…

Canada, Enforcement, India, Investment Arbitration, Non-signatory

(Gowling WLG (Canada) LLP) and / /Leave a comment

Enforcing awards against third parties is a perennial issue in international arbitration circles. In Air India Ltd c CC/Devas (Mauritius) Ltd, the Court of Appeal of Quebec considered an award creditor’s ability to seize assets belonging to an award debtor’s alter ego under Quebec law. This case offers significant insight for award creditors wishing to…

Annulment, Arbitrability, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Latin America, Paris Court of Appeal, Permanent Court of Arbitration, Uruguay

(Freshfields Bruckhaus Deringer)/ /1 Comment

On August 6, 2020, an arbitral tribunal composed of Andrés Rigo Sureda (P), O. Thomas Johnson, Jr., and Pierre Mayer (the Tribunal), constituted under the agreement between the United Kingdom and Uruguay for the promotion and protection of investments (the BIT), issued an award in Prenay Agarwal, Vinita Agarwal and Ritika Mehta v. Uruguay (PCA…

BIT, Foreign Investment, Investment Arbitration, Investment Treaties, Türkiye

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The Republic of Türkiye is a strategic market which straddles Europe and Asia, providing an intersection of various cultures, languages, and religions.  Türkiye is also well-versed in foreign investment, both inward and outward, in large part due to its geographical location and long history.  Indeed approximately one-fifth of economic activity in Türkiye depends on foreign…

Australia, Climate change, Investment, Investment Arbitration

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

The recently reported investment treaty claim by Singapore-based mining company Zeph Investments (“Zeph”) against Australia appears to be the latest in investor-State dispute claims arising out of climate change-related measures introduced by States. The claim was first disclosed on 10 July 2023 by the Attorney General’s Department of Australia in response to a question on…

India, Investment Arbitration, Teaching International Investment Arbitration Series

(Jindal Global Law School)/ /2 Comments

I have been teaching international investment arbitration (IIA) in India for the last 15 years with a focus on its substantive principles contained in numerous bilateral investment treaties (BITs) and the investment chapters of free trade agreements (FTAs). I have taught at the following Indian law schools/universities: the National University of Juridical Sciences (NUJS), National…

Central Asia, Investment agreements, Investment Arbitration, Investment law, Uzbekistan

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School), (Dentons US LLP), and / /Leave a comment

The Tashkent Law Spring Forum (“Forum”), organized by the Ministry of Justice of Uzbekistan, is an important symbol of Uzbekistan’s efforts to establish itself as an open economy and an important player in global and regional markets. The inaugural forum was held in 2019 and attracted more than 1,200 participants and speakers from all over…

Canada, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Mexico, NAFTA, United States, USA, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Australian National University)/ /Leave a comment

On June 30, 2020, an era of international investment law and dispute resolution came to an end as the North American Free Trade Agreement (NAFTA) concluded its 27-year tenure with the entry into force of United States – Mexico – Canada Agreement (USMCA). Three years later, a further milestone is now marked: today, Canada, which…

Climate change, ECT Modernisation, Energy Charter Treaty, Environment, International Investment Law, International Law, Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform

(Sciences Po; Brigantia Law)/ /Leave a comment

The defining challenge of the 21st century is undoubtedly climate change. There is consensus that we need to reduce the level of carbon emissions and abide by the scientific community’s directions to preserve our environment; we are beyond preventing harm – our current urgency is mitigation. We seem united in our common goal to meet…

Arbitration, Central Asia, Investment Arbitration, Kazakhstan, Kyrgyzstan, Turkmenistan, Uzbekistan

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In recent years, international investment law and the investor-state dispute settlement (‘ISDS’) system have arguably reached their melting point, with an increasing number of participants having diverging interests and perspectives. Many of these issues have come to the surface through the discussions ongoing at UNCITRAL Working Group III. In this context, the experiences of the…

Environment, Investment Arbitration, Mining Sector, Sustainability

, , (Laborde Law)/ /Leave a comment

Following an exciting opening day (see here and here), on Day 2 of Paris Arbitration Week (PAW) Jus Mundi hosted a discussion on “Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining”. The panel was moderated by Alexandre Vagenheim (Jus Mundi) and included Diora Ziyaeva (Dentons), William Kirtley (Aceris Law), Mark Johns (Exponent)…

Investment Arbitration, Investor-State arbitration, Paris Arbitration Week, Resource Nationalism

, , (Laborde Law)/ /Leave a comment

Over the past century, the waves of “resource nationalism” have affected foreign investments through government measures, ranging from policy changes, tax regimes and repatriation of profits to expropriation without compensation. Day 2 of the 2023 Paris Arbitration Week (PAW) saw Jones Day hosting a conference on “Resource Nationalism in Investor-State Arbitration”. The panel was composed…

International Investment Arbitration, Investment Arbitration, Investment Disputes, Paris Arbitration Week

, , , (Laborde Law)/ /1 Comment

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…

Investment Arbitration, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

, (Dechert LLP)/ /Leave a comment

In preparation for the 42nd session of the UNCITRAL Working Group III (“Working Group”) in February 2022, the UNCITRAL Secretariat issued a note on “Standing Multilateral Mechanism: Selection and Appointment of ISDS Tribunal Members and Related Matters” (“Note”), dated December 8, 2021. The Note builds on several Working Group reports that addressed the selection and appointment…

Investment Arbitration, Organization of Islamic Cooperation, Reform

(Allen & Overy LLP) and (Kabine Law Office)/ /Leave a comment

The OIC Investment Agreement (the “Agreement”), a multilateral instrument among certain members of the Organization of Islamic Cooperation, remains a potent tool for investment protection within the bloc. This post surveys developments concerning the Agreement since the authors’ last updates in late 2019 and 2020. In particular, the post provides an update on the ongoing…

Arbitration, Conference, International arbitration, Investment Arbitration

, , (Sandra Day O’Connor College of Law)/ /Leave a comment

On January 13, 2023 the Sandra Day O’Connor College of Law at Arizona State University hosted the 5th annual Schiefelbein Global Dispute Resolution Conference.  Like previous iterations of this conference, the innovative program featured top lawyers, internationally recognized mediators, academics, and leaders of arbitration institutions discussing timely issues in international dispute resolution. This year’s conference…

Anti-arbitration Injunction, Commercial Arbitration, Investment Arbitration, Parallel Proceedings

(Al Tamimi & Company) and (Paxus LLP)/ /Leave a comment

In November 2022, a contract-based arbitral tribunal issued an anti-arbitration injunction with the aim of enjoining parallel investment treaty proceedings between the parties. This post examines this injunction – which was ignored by the investment-treaty tribunal – and its implications.   Background In March 2020, Patel Engineering Limited (“PEL”), an Indian-incorporated infrastructure and construction service…

European Convention on Human Rights, European Court of Human Rights, Human Rights, Investment Arbitration, Investment Disputes, Public Interest

(City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /Leave a comment

On 30 November 2022, the Hong Kong International Arbitration Centre (along with the British Institute of International and Comparative Law) organised the 2022 Kaplan Lecture. The lecture was delivered by Robert Spano – a former President and Judge of the European Court of Human Rights (ECtHR) – and focussed on the new frontiers faced by…

Diversity, Investment Arbitration, Investment Disputes, Multilateral Investment Court

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A study published in 2012 revealed that only 15 arbitrators decided 55% of the 450 investor-State dispute settlement (ISDS) cases reported at that time, most of them practitioners from Europe, USA or Canada. This was the case despite the fact that parties from all over the world were involved in those proceedings. To date, according…

Corporate Social Responsibility, Environment, ESG, Investment Arbitration, Investment law, Uncategorized

(Leiden University)/ /Leave a comment

Investor-State dispute settlement (ISDS) has been widely criticized for being a tool in the hands of multinational companies, used to challenge domestic public policy measures even when legitimately adopted in the public interest. Critiques have been notable concerning the asymmetrical nature of international investment agreements (IIAs). While IIAs were concluded to afford protection to foreign…

International Law Weekend, Investment Arbitration, Investment Disputes, ISDS Reform, Regime Interaction, Regime Interaction in Investment Arbitration, VCLT

(Dentons US LLP), (Dechert), and (Dentons)/ /Leave a comment

International Law Weekend (“ILW”), held at Fordham Law School in New York City between October 20-22, 2022, celebrated the centennial anniversary of the American Branch of the International Law Association with a program entitled “The Next 100 Years of International Law.”  It brought together a wide variety of engaging panels and events to explore current…

International Investment Law, International Law, International tribunals, Interpretation, Investment agreements, Investment Arbitration, Investment Disputes, VCLT, VCLT Jubilee

, (Permanent Court of Arbitration)/ /Leave a comment

In the last two decades, the Permanent Court of Arbitration’s (PCA) overall docket has seen a rapid growth in mixed arbitrations between States and private parties. Today, over 180 arbitrations are currently pending before PCA tribunals, of which more than 100 are investor-State disputes brought under bilateral and multilateral investment treaties and national investment laws….

COVID-19, Investment Arbitration, Investment law, Investment protection, World Arbitration Update

, (Nyenrode Business University), and (CREDIMI – University of Burgundy)/ /Leave a comment

The current era of emergencies, which includes climate change, environmental challenges, armed conflicts, and health crises, has a profound impact on foreign direct investment (FDI). A panel held on 27 September 2022 as part of the second edition of the World Arbitration Update (WAU) engaged with the effect of such global emergencies on international investment…