In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
On 29 July 2024, an ICC arbitration tribunal, chaired by Stephen Drymer and including Jean Kalicki and Charles Adams as co-arbitrators, issued, by majority, an award in favour of the Government of Georgia in a high-profile...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14...more
Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more
The International Centre for Settlement of Investment Disputes ("ICSID") has announced that the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States...more
International arbitration statistics are back in season. In the first couple of months of 2024, the China International Economic and Trade Arbitration Commission (CIETAC), the World Bank’s International Centre for Settlement...more
Disputes in these sectors are likely to continue to grow as the global demand for metals and minerals rises to meet the climate change targets for a cleaner and more renewable energy system. Mexico is ranked at the very top...more
This year my friend was invited to participate in a poker tournament in Las Vegas. Knowing nothing about poker, she hired a professional player to teach her. Over several evenings, he trained her and taught the rest of us in...more
On 23 October 2023, the English Commercial Court published its much-anticipated judgment in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The Court found in favour of the...more
The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more
The upcoming changes to the UK Arbitration Act are an important development for energy practitioners. That’s because arbitration is the default means to resolve cross-border energy and natural resources disputes, and London...more
On 21 July 2023, as part of its 56th annual session in Vienna, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution (the...more
Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more
Enforcing an arbitration award against a state presents unique challenges. The Swiss Federal Supreme Court recently confirmed that an award creditor seeking to attach assets belonging to a foreign state in Switzerland must...more
The fourth amendments to the ICSID Arbitration Rules are the most extensive since their inception. Unless an underlying treaty or agreement provides otherwise, the revised 2022 Arbitration Rules of the International Center...more
Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more
La présente contribution se propose d’étudier l’apparition, en arbitrage international, de décisions procédurales formant un véritable corps de jurisprudence ou de précédents. Tandis que le sujet du précédent a d’ores et déjà...more
On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year. The Caseload Statistics can be found here, and ICSID’s accompanying...more
On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the...more
On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on...more
When considering a proper dispute resolution forum for a contractual arrangement between the parties incorporated or operating in different jurisdictions, the parties often tend to prefer international arbitration over...more
The United States District Court for the Eastern District of New York provided further clarity to a lingering question in the aftermath of the U.S. Supreme Court’s recent decision in ZF Automotive: whether the ZF Automotive...more
On 22 November 2022, the Energy Charter Conference is expected to vote on the proposed modernisation of the Energy Charter Treaty (the “ECT” or the “Treaty”), following an agreement in principle reached on 24 June 2022, after...more
The COVID-19 pandemic has accelerated the globalization of the life sciences industry, driving cross-border collaborations to develop urgently needed treatments, scale up manufacturing and distribution, and fill raw material...more