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2022 Empirical Study: Costs, Damages and Duration in Investor-State Arbitration in the CEE Region

This study examines over 100 investor-State cases, which involved countries of Central and Eastern Europe (CEE) as respondent States and were conducted under ICSID, UNCITRAL and other arbitration rules and gives a...more

The First ICSID Flagship Amendments

The first amendments to the ICSID Rules since 2006 will be available for use from July 2022 onward, bringing greater transparency to the process and offering clearer guidance on key issues such as allocation of costs and...more

International Law considerations for foreign investors with business interests in Russia

As a result of international sanctions and reputational concerns, many foreign investors with interests in Russia have already exited the country or are contemplating doing so. Whether an investor decides to exit or stay, the...more

Asset protection for foreign investors in Russia: international and domestic remedies

Russia’s invasion of Ukraine, in clear violation of Article 2 of the Charter of the United Nations, is first and foremost a humanitarian catastrophe....more

Enforcement of arbitration awards against States – court documents must be served through diplomatic channels

In General Dynamics v Libya [2021] UKSC 22, the UK Supreme Court confirmed that diplomatic service of court documents on a State’s Ministry of Foreign Affairs is mandatory when enforcing an arbitral award against a foreign...more

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

Intra-EU disputes cannot be arbitrated under the Energy Charter Treaty, says the Court of Justice of the European Union

On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more

Vienna International Arbitral Centre launches new investment arbitration and mediation rules

With effect from 1 July 2021, the Vienna International Arbitral Centre (the VIAC) has new specialised VIAC Rules of Investment Arbitration (Vienna Investment Arbitration Rules) and the VIAC Rules of Investment Mediation. The...more

Country and sustainability risk mitigation: a briefing for energy and mining investors

The transition of the global economy to align with the Paris Agreement aims and the UN Sustainable Development Goals is presenting many opportunities for energy and mining investors. However, it is occurring alongside a...more

The General Court comes to Miculas’ aid

Introduction - In a decision rendered on 18 June 2019 (joint Cases T 624/15, T 694/15 and T 704/15), the General Court of the European Union (the Court) annulled the European Commission’s (the EC) decision 2015/1570 of 30...more

Act of State doctrine applies in arbitration

The foreign Act of State doctrine applies to arbitration just as it applies to litigation before the English courts, according to Popplewell J, in the first English law authority on the point. The dispute arose under two oil...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Indian Model Bilateral Investment Treaty

Recent press reports suggest that India may be looking to terminate or renegotiate at least 47 existing international investment agreements (IIAs), including those with the UK, France, Switzerland, Germany, Spain, Mauritius...more

8/12/2016  /  Good Faith , ICSID , India , Investment , Transparency
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