Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European Union and the Republic of Angola on 18 November 2022 (“SIFA” or the “Agreement”). This landmark agreement, the EU’s first “sustainable investment facilitation agreement,” could set a precedent…

Following our previous post on dispute resolution in carbon markets, the ICSID Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52 (“Koch v. Canada”) recently dismissed the Claimants’ USD 31.3 million claims arising out of a cap-and-trade emissions programme on jurisdictional grounds. The Tribunal’s key findings included…

The shift from a carbon-intensive economic model to a net-zero economy by 2050 will result in an increasingly significant role for carbon markets. A proliferation of business activities in the carbon trading space will require seismic regulatory change across global jurisdictions. In this evolving landscape, common issues have begun to emerge including: the practical and…

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)…

In 2022, the international arbitration community took several further impactful steps towards building awareness of diversity challenges in the profession and towards improving existing disparities. As previously discussed on this Blog here and here, an intersectional analysis of diversity is important to evaluate how each minority is faring, individually and when intersected with each other….

In July 2022, the African Arbitration Academy launched the Model Bilateral Investment Treaty for African States (‘Model BIT’) with the goal of it serving as a source of cohesion for African States’ Investor-State Dispute Settlement (‘ISDS’) reform strategy. They also expect the Model BIT will promote the codification of Investment Policies and Laws for African…

On 18 March 2022, academics and arbitration practitioners convened in Sarajevo (Bosnia & Herzegovina) for an international conference dedicated to cutting-edge topics related to the intersection of international arbitration and sustainable development. This post outlines some of the highlights of a rich discussion that was part of a broader effort to engage the legal and…

On the last day of the #LIDW22, Herbert Smith Freehills, Linklaters, Norton Rose Fulbright, Twenty Essex, Vinson & Elkins, and Clyde & Co hosted a session on “The future of energy disputes in a post-covid world”. The speakers – Michael Ashcroft QC (Twenty Essex), Rebecca James (Linklaters), Colin Johnson (HKA), Richard Power (Clyde & Co),…

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,…

As the field of international arbitration continues to mature, our community grows alongside it. Last year, Dr Maria Fanou and I wrote about this topic from the lens of virtual platforms. We optimistically opined that the increasingly virtual world presented an opportunity for greater collegiality and equity. In late 2020, Maguelonne de Brugiere and Cherine…

As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response – including during the recent BVI Arbitration Week, which coincided with the Glasgow climate conference. Arbitration has been utilised as a tool for resolving disputes as market mechanisms have developed to deliver greenhouse…

Debates about the fragmentation of international law and the sometimes conflicting relationship between a state’s and investor’s obligations under international investment law (“IIL”), on the one hand, and public international law and domestic law, on the other, have gained renewed relevance for investment arbitration. Issues related to the interactions between these regimes have featured in…

More than a year after the World Health Organization declared COVID-19 a pandemic, we hope we are getting closer to the end of this and will soon be able to enjoy our freedom again in full. However, before going back to “normal” and resuming business as usual, we should think if there are any positive…

In the aftermath of the COVID-19 public health crisis, a seismic event in history, many of us feel as if 2020 is the year that did not happen. While it certainly was not business as usual, in a display of flexibility and resilience, the arbitration community ensured that the (virtual) show did go on. With…

Climate change and increasing calls for greater diversity in the workplace have been making headlines daily. With the onset of the COVID-19 pandemic, the world, including that of international arbitration, has turned to a virtual setting to conduct many of its operations. While this new terrain has resulted in technical obstacles and challenges, it has…

Knowledge of international arbitration has often been based on anecdotal evidence. However, there has been increasing interest in empirical research among practitioners and scholars. In the context of the recent COVID-19 pandemic, arbitral practice has rapidly changed and new empirical research aimed at understanding the experience and expectations of the users of international arbitration is…

On 22 March 2019, the Dutch Government released the text of the new model Netherlands BIT. Its idealism has been applauded: the new model prioritizes gender and regional diversity as well as the United Nations sustainability goals. Yet, what would the effect be of some of the model’s provisions on Foreign Direct Investment (‘FDI’)? For…

Introduction The fourth annual Harbour Lecture took place on 21 October 2019, with hundreds of attendees packed into the Eaton Club, Hong Kong to hear a thought-provoking lecture delivered by Sophie Lamb QC, global co-chair of the international arbitration practice at Latham & Watkins. The theme of this year’s lecture was whether arbitration is sustainable….

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Annette Magnusson, ‘Foreword: The Story of the Stockholm Treaty Lab’ (2019) 36 Journal of International Arbitration, Issue 1, pp. 1–6 In 2015, the world community adopted the Paris Agreement and the Sustainable Development Goals,…