…of BITs coupled with systemic institutional problems and weak governments has resulted in more cases being brought against states in the region. It seems that more BITs do not necessarily…
…region. This project is pivotal in harmonising arbitration rules across SADC countries, establishing a regional panel of arbitrators, and enhancing intra-regional dispute resolution procedures. A crucial aspect of this initiative…
…intra-corporate disputes, including specifying the role of the SEC in such arbitrations. In Indonesia, the Supreme Court enacted Supreme Court Regulation No. 3/2023 which clarified various aspects of Indonesia’s arbitration…
…intra-EU arbitral awards in the U.S. after the European Court of Justice’s decisions in Achmea and Komstroy. United States Supreme Court In Coinbase Inc,. v. Bielski, No. 22-105 (U.S. 2023),…
…In this new reality, the vast majority of Chinese BITs are first-generation protection type BITs, which offer limited protection to foreign investors, including when it comes to the most important…
…a partner in Foley Hoag’s International Litigation & Arbitration Group, explained the need to include environmental standards and responsibility clauses in BITs. The participants discussed the International Court of Justice’s…
…the Energy Charter Treaty (“ECT”) complicates the landscape even further. Questions were raised around how the arbitration community should deal with the risk of disappearance of intra-EU investment arbitration and…
…suggested, vacating awards, denying enforcement, or dismissing such petitions in just 8% of cases. Mr. Yackee discussed his empirical research into the effect of bilateral investment treaties (“BITs”) on foreign…
…from Global Justice Now) In 2023, several EU members left the ECT, the largest investment arbitration treaty, after accusations that companies “weaponise” this “climate-wrecking,” “climate-killing” “obscure energy treaty”…
…(“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021, Ecuador rejoined the ICSID Convention….
…of customary international law, developed within the framework of diplomatic protection, which is also applicable to arbitration under BITs, while, as the lex specialis, the BIT is not a self-contained…
…“upstream national legal protection” to effectively stop intra-EU ECT ICSID proceedings due to a lack of an effective arbitration agreement, recognition and enforcement of intra-EU IIA/ECT awards will increasingly be…
…the EU and now as an arbitrator, Christopher offers excellent insight in the requisite qualities of a good arbitrator. The main thrust of Christopher’s thesis is that a good arbitrator…
…investment law and arbitration. The Review is still the only law journal that specifically focuses on the impact that EU law has on bilateral investment treaties (BITs) of EU member…
…the Court has used the very same phrase over and over again, notably in the context of intra-corporate disputes. Intra-Corporate Disputes The Court has issued a significant number of…
…compared to intra-arbitral mechanisms. Commercial courts in Germany may conduct proceedings in English and are staffed by judges particularly qualified in international commercial matters. Legislative efforts to further bolster the…
…consultations on reform of the Arbitration Act 1996. Another hot topic is the impact of Achmea, Komstroy, and the treaty terminating intra-EU BITs. Ms. Michou noted that for pending cases,…
…3: Corporate Disputes The third session explored two key areas of corporate disputes: the evolving concept of arbitration of intra-corporate disputes, and the current trends in mergers and acquisitions conflicts….
…of Delaware decision that permitted the auctioning of Venezuela’s U.S. assets, the D.C. federal court rulings on intra-EU and Energy Charter treaty award enforcement, and the Yukos arbitration award’s ongoing…
…meetings, evidentiary hearings, or even intra-tribunal deliberations. Courts may find themselves wrestling with the uncertainty surrounding whether specific witnesses were heard, and if so, by whom. Without security measures, any…
…investment treaties (BITs), such as the renewed BIT between Türkiye and Ukraine signed on October 9, 2017. Article 10(d) of the BIT mentions the Centre as one of the options…
…Rules, which consolidated the PCA as the main forum for proceedings conducted under such rules. The peak of Bilateral Investment Treaties (BITs) and Multilateral treaties incorporating arbitration clauses referring to…
…BIT program, particularly in its most recently signed BITs. Only three Turkish BITs signed in the 1990s do not allow for ICSID arbitration: its BITs with Iran (1996), Cuba (1997),…
…agreement to arbitrate under the ICSID Convention. An EU Member State court, bound by EU law, would certainly be required to consider the question in more detail. It is worth…
