ISDS

Constitutional Court, Ecuador, ICSID Arbitration, International arbitration, International Investment Arbitration, Investment Arbitration, Investor-State arbitration, ISDS, Latin America, Trade and investment agreements

, , (Tadir Dispute Resolution)/ /1 Comment

The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…

foreign direct investment, Foreign Investment, Free Trade Agreements, India, Investment, Investment agreements, Investment Arbitration, Investment law, Investment protection, Investment Treaties, Investor, Investor duties, Investor-State arbitration, ISDS, Protection, State-State Dispute Settlement, State-to-state arbitration

(Jindal Global Law School)/ /Leave a comment

It took 16 years of negotiations for India and the European Free Trade Association (“EFTA”)—comprising Switzerland, Norway, Iceland, and Liechtenstein—to clinch a free trade agreement (“FTA”). The newly minted FTA is expected to boost the extant levels of trade between the two countries. The formal name of the signed agreement is the Trade and Economic…

Bonds, Investment Arbitration, Investment Disputes, Investment protection, ISDS, LIDW 2024

(Herbert Smith Freehills)/ /Leave a comment

As part of the 2024 edition of the London International Disputes Week (“LIDW”), Reed Smith LLP hosted a panel on “Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae”. The panel, moderated by Lucy Winnington-Ingram (Reed Smith), comprised Kathleen Garrett (Reed Smith), Cameron Miles (3 Verulam Buildings), Lorena Fatás Pérez (Ministry of Justice of Spain),…

Enforcement, ISDS, LIDW 2024, London, Mediation, Third party funding

(Stockholm University)/ /Leave a comment

The centerpiece of the 2024 London International Disputes Week was the full day main Conference on Tuesday, 4 June, bringing together leaders from across the dispute resolution world to discuss the topical issues of the moment under the theme of Uniting for Global Challenge and Opportunity.   The Conference was opened by Luke Harrison, partner…

Canada, CETA, Europe, European Commission, European Union, Expedited arbitration, Expedited Proceedings, Expropriation, Fair and Equitable Treatment, FET, International Investment Arbitration, International Investment Law, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, ISDS

(Clifford Chance)/ /Leave a comment

Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers investment protection and dispute resolution – are still pending domestic ratification procedures in 10 EU Member States. In parallel, CETA’s framework for investment protection and dispute…

Access to Justice, Albania, Arbitral Award, Arbitration, Enforcement, European Court of Human Rights, Foreign arbitral awards, Investment Arbitration, Investment Disputes, Investor-State arbitration, Investor-state tribunals, ISDS, Recognition, Recognition and enforcement of arbitral award

, (Fietta LLP)/ /Leave a comment

On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings…

Enforcement, ISDS, United States Courts

(Pierson Ferdinand) and / /Leave a comment

The second front can open in the United States (“U.S.”) for over 50 investment arbitration claims against the Kingdom of Spain (“Spain”) that are worth hundreds of millions of U.S. dollars combined. The ongoing disputes spotlighted the continuing controversy between the decisions of the European Union’s (“EU”) highest court and international investment tribunals. The cases…

Counterclaims, ESG, ISDS

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

For decades, modern international investment law and arbitration have provided both the procedural mechanisms and substantive grounds for States to advance counterclaims in such proceedings. Coupled with the increased inclusion of provisions on the State’s right to regulate and provisions concerning the substantive areas of environmental, social, and governance (“ESG”) in the latest generation of…

ISDS, ISDS Reform, Paris Arbitration Week

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

As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” This was the third installment in the “Affaires d’Etats” series on Investor-State Dispute Settlement (“ISDS”) initiated by Curtis during 2022 PAW. As the criticisms of ISDS intensify,…

Articles of State Responsibility, Investment Arbitration, ISDS

(International Centre for Settlement of Investment Disputes (ICSID))/ /Leave a comment

In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation. The awards…

2023 in Review, Arbitration Act, Cryptocurrency, Expropriation, HK Arbitration Week, Hong Kong, Intellectual Property, Interim measures, ISDS, Japan, Korea, Kyrgyzstan, PRC, Renewable energy, Sovereign Immunity, Tajikistan, Technology, Third party funding, Turkmenistan, Uzbekistan

, and (Williams & Connolly LLP)/ /Leave a comment

Introduction East and Central Asia sees further efforts to promote arbitration through legislative and regulatory developments. Domestic courts clarified issues fundamental to arbitration and the judicial enforcement of arbitral awards. Domestic legislative and judicial bodies and arbitral institutions continue to grapple with recent trends and come up with innovative solutions that reflect the unique experience…

ISDS, ISDS Reform, Multilateral Investment Treaties

(Singapore International Dispute Resolution Academy)/ /1 Comment

The world has witnessed significant developments in the field of investment protection and dispute settlement in the past decades. This includes both investment treaty negotiations as well as investor-state dispute settlement (ISDS) practices. This field of law has also been subject of a heated debate and a desire for reform. In view of these developments,…

Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy

(Stockholm University)/ /Leave a comment

At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors.   The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the…

Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America

(Justen, Pereira, Oliveira & Talamini) and (University of Cambridge)/ /Leave a comment

“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.”  Letter from the Stop ISDS…

Damages, International Investment Arbitration, Investor-State arbitration, ISDS, UNCITRAL

(Max Planck Institute for Comparative Public Law and International Law)/ /Leave a comment

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…

Arbitration Proceedings, Corporate disputes, Dispute resolution clause, ISDS, Philippines, SIAC, Technology

/ /Leave a comment

The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘SIAC Manila Conference 2023: Deep Dive into Arbitration Trends’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap…

Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL

/ /Leave a comment

International arbitration is a constantly evolving field, shaped by global shifts, technological advancements, and changing expectations. On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”. Carolyn Lamm’s (White &…

ISDS, Korea, Tax, Taxation

(PwC; Lazarski University)/ /Leave a comment

The Lone Star v. Korea (Lone Star) Award issued on 30 August 2022 is one of the latest investment awards in tax-related investment treaty disputes and the first one in which a tribunal, inter alia, dealt with the application of an anti-tax avoidance substance over form doctrine (SOFD) under a double taxation treaty (DTT). The…

Investment law, ISDS, Latin America, Mexico, Mexico Arbitration Week

(Centro de Arbitraje de México) and (Hogan Lovells )/ /Leave a comment

From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators Forum came together to organize the inaugural edition of Mexico Arbitration Week. This event aimed to connect professionals from the international community, foster debates, and…

Code of Conduct, ISDS, ISDS Reform, UNCITRAL WG III Series, UNCITRAL WG3 Series

(Richmond School of Law)/ /Leave a comment

With 17 minutes to spare before the end of the 45th Session, the chair of UNCITRAL Working Group III (WGIII), Mr Spelliscy, announced that a workable compromise had been reached on the last remaining outstanding issue (how to regulate double hatting) and that, therefore, an agreement was reached on a text of the Code of…

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

(Armesto & Asociados)/ /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…

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…

ADR, Arbitration, Climate change, Cross-border transactions, Energy Charter Treaty, Energy Dispute, Green Arbitration, ISDS, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and (Three Crowns LLP)/ /Leave a comment

The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…

Arbitral seat, Canada, Common Law, Diversity, Interviews with Our Editors, ISDS, Sport arbitration

(Woods LLP)/ /Leave a comment

Few people can pride themselves with a career as rich and impactful as that of the Honorable L. Yves Fortier, PC CC, OQ, KC, Ad. E., LLD and no summary will do it justice. Counsel, negotiator, arbitrator, diplomat, thought leader – these are just some of the hats Mr. Fortier has worn over the years….