Investor-State arbitration

Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

(Baker McKenzie)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…

Abusive Claims, Investor-State arbitration, Paris Arbitration Week

, , (Curtis, Mallet-Prevost, Colt & Mosle LLP)/ /Leave a comment

As part of 2023 Paris Arbitration Week (“PAW”), Curtis hosted a webinar on “Affaires d’Etats: Abusive Claims Against States and How to Fight Them”. This was the second edition in the “Affaires d’Etats” series initiated by Curtis last year during 2022 PAW. This year’s panel addressed the growing sentiment in some quarters, including in the…

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…

Energy, Energy Charter Treaty, Investor-State arbitration, Paris Arbitration Week

(Addleshaw Goddard LLP)/ /Leave a comment

In the course of the 2023 Paris Arbitration Week, Jeantet organized a round table on “Arbitrating Renewable Energy Disputes, with a Special Focus on the CEE Region”. The panel was composed of Caroline Falconer (Secretary General of the SCC Arbitration Institute), Jurriaan Kien, (Legal Director New Energies & Services, SBM Offshore), Edoardo Marcenaro, (Head of…

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…

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…

2022 in Review, Investment Disputes, Investor-State arbitration, ISDS, Latin America

(Herbert Smith Freehills), (BakerHostetler), and (Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

2022 was a year of change and action with important developments in investment arbitration in Latin America.  The region continues to top the ICSID investment arbitration caseload, accounting for  28% of the total of registered cases by June 2022. In 2022, states and arbitral institutions sought to modernize investment protections and their institutional frameworks. In…

ALARB, Colombia, Costs in arbitral proceedings, Counsel fees, Investor-State arbitration, Latin America

(Mürrle Asesores)/ /1 Comment
Asociación Latinoamericana de Arbitraje (ALARB)

The 2022 report of Colombia’s National Agency for Legal Defense of the State (the “Agency”) provides insightful information about costs in investment arbitration (the “2022 Report”). Based on a statistical analysis, it (i) establishes current trends and criteria in connection with the allocation of costs in investment arbitration, and (ii) determines the average costs of an…

Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making

(Seven Summits Arbitration), (University of Copenhagen), and (Hasselt University )/ /Leave a comment

The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy Charter Treaty (ECT) at a Crossroads”. The discussion, moderated by the three authors of this post, focused on the relationship between investor-state dispute settlement (ISDS), investment protection, modernization…

Balkans, Damages, Enforcement, Investor-State arbitration

(LK Law), (Red Lion Chambers), (Sejdiu & Qerkini), and (Kalo & Associates)/ /Leave a comment

On 29-30 September 2022, the second annual Balkan Arbitration Conference (“BAC 22”) – was held in Tirana, Albania. The Conference is the first arbitration conference for the Balkan region as a whole. Its purpose is to provide a forum to help build cooperation and develop the use and practice of arbitration in the Balkan region….

Code of Conduct, double-hatting, Investor-State arbitration, investor-State arbitration and mediation, Investor-state tribunals, ISDS, ISDS Reform, Reform, UNCITRAL, UNCITRAL WG3 Series

(Australian National University) and / /1 Comment

In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS). Kluwer Arbitration Blog ran a series on UNCITRAL’s reform work in 2020, highlighting several subjects under consideration by Working Group III (WGIII). To get first-hand insights into the current status…

ECT Modernisation, Environment, ESG, EU Law, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS Reform

/ /Leave a comment

Negotiations towards a modernized Energy Charter Treaty (ECT, Treaty) ended on 24 June 2022, with the States Parties reaching an agreement in principle following discussions towards reform that began in November 2017. While the final text of the modernized Treaty has not yet been published, the Secretariat of the ECT in June issued a public…

Chile, Enforcement, Investor-State arbitration, Pey Casado, Spain

, (Herbert Smith Freehills)/ /Leave a comment

The case involving Mr. Víctor Pey Casado, the President Allende Foundation, the 1960s Chilean newspaper “El Clarín” and the Republic of Chile – once the longest-running dispute in ICSID history – is certainly a complex one. The dispute has spanned more than twenty years, encompassing three different arbitration proceedings with three separate arbitral awards issued…

Achmea, Energy Charter Treaty, Intra-EU Investment Arbitration, Intra-EU ISDS, Investor-State arbitration

(University of Vienna)/ /Leave a comment

Amidst the still ongoing negotiations on the modernisation of the Energy Charter Treaty (ECT), which were concluded with an agreement in principle yesterday (24 June 2022), the Court of Justice of European Union (CJEU) delivered its ruling on Belgium’s request for an opinion on the compatibility of intra-EU investor-state arbitration under a modernised text of…

Foreign Investment Law, ICSID, ICSID Arbitration, Investor-State arbitration, investor-State arbitration and mediation, ISDS, Uncategorized

(Rommel St. Hill Attorneys-at-Law & International Consultancy)/ /2 Comments

The investor-State dispute settlement system (ISDS) is increasingly confronted with disputes related to climate-related measures. Consequently, this fora has been described as the new frontier in climate-change disputes, as tribunals are slowly becoming a de facto source of climate policy making that directly impacts the regulatory landscape. This blog post discusses the following issues: (i)…

Climate change, Investor-State arbitration, LIDW2022, Mediation, Sustainability

(Queen Mary University of London)/ /Leave a comment

On the second day of the 2022 LIDW, LIDW members gathered in the Westminster Hall Center to discuss this year’s topics: Dispute Resolution – Global, Sustainable, Ethical?   The Keynote Address The keynote address was given by Lucy Greenwood, (Greenwood Arbitration, Campaign for Greener Arbitration), Jenny Hindley, (Mishcon de Reya, Greener Litigation) and John Sturrock QC, (Core Solutions,…

2021 in Review, International Investment Law, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investor-State arbitration, Ukraine

(Visiting Lawyer at Linklaters) and , (AVELLUM)/ /Leave a comment

The year 2021 has been the busiest year for Ukraine since 2008, with four investment arbitrations initiated against Ukraine. The odds were not always in Ukraine’s favour. Having secured the dismissal of the case for lack of jurisdiction in Littop and others v. Ukraine, Ukraine was defeated by the investor in Olympic Entertainment v. Ukraine….

2021 in Review, Anti-arbitration Injunction, arbitration rules, Confidentiality, Investor-State arbitration, Malaysia, Maritime Arbitration, Regional Comprehensive Economic Partnership, Set aside an arbitral award, Singapore, Singapore International Arbitration Centre, Vietnam

(Clifford Chance Asia) and , / /1 Comment

In 2021, Southeast Asia saw institutional progress, arbitration-related court decisions, and investment treaty developments. All in all, it was an eventful and, at times, surprising year for the region in terms of arbitration developments.   Institutional progress Some Southeast Asian arbitral institutions revamped and revised their arbitration rules as part of their strategic institutional development….

2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

and (The Australian National University)/ /Leave a comment

The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete ban and termination of intra-EU investment arbitration in the European Union, to the ECT modernization process, this year has been marked by change and reform…

Corruption, Environment, ESG, International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Renewable energy, YSIAC Conference

(Oon & Bazul LLP)/ /Leave a comment
YSIAC

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…

Counterclaims, Investment, Investment Arbitration, Investor-State arbitration, ISDS

(Macchi di Cellere Gangemi) and (Stockholm University)/ /Leave a comment

The discussion within UNCITRAL Working Group III (WG III) on counterclaims has still remained, to a certain extent, deadlocked, as opposed to discussions on other topics under the table. As a result, the UNCITRAL Secretariat has been put (at least) until now in the unfortunate position of being unable to bring a coherent package of…

Investor-State arbitration, Multilateral Investment Court, SCOTUS

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

The Presidential Commission on Supreme Court of the United States, established earlier this year by President Biden, released a draft Report last week assessing recent proposals to restructure the U.S. Supreme Court.  Readers from outside the United States, as well as many within, can be forgiven for seeing no apparent connection between that Report and…

COVID-19, Force majeure, Investor-State arbitration, ISDS, ISDS Reform, SIAC, SIAC Congress

(Omni Law LLC)/ /Leave a comment
YSIAC

The 2021 SIAC Congress held virtually on 10 September 2021 drew arbitration aspirants and practitioners from all over the globe, and sought to grapple with the key challenges of the day within the realm of arbitration. The second panel session, on “The Multi-Dollar Question: Will the Pandemic and Governments’ Responses to it Lead to a…

Colombia, Dual Nationals, Investor-State arbitration, Jurisdiction, United States

, (GST LLP)/ /Leave a comment

The issue of dual nationals’ access to investor-state dispute settlement (“ISDS”) has once again taken the center stage through the recently issued Carrizosa v. Colombia award. Resolved under the auspices of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions…