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Creeping expropriation of investment by foreign state

In the first known English court ruling to set aside an investment treaty arbitration award, the court ruled that an investor seeking redress for allegedly wrongful acts by a foreign State, which it claims constitute a...more

Renegotiation clause in long-term contract – what if parties cannot agree?

A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more

Restructuring business to take advantage of investment treaty – a cautionary tale

In Philip Morris Asia Ltd v The Commonwealth of Australia, PCA Case No. 2012-12, Award on Jurisdiction and Admissibility, an investment arbitration tribunal has found that the Philip Morris International group (PMI Group)...more

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