On 30 June 2022, Hong Kong enacted framework legislation which introduces legislative amendments aimed at allowing outcome-related fee structures (ORFS) in arbitration and related proceedings (the Amendments).
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Historically, Singaporean law prohibited third party funding arrangements and outcome-related fee structures (ORFS) such as “No-Win, No-Fee” or “No-Win, Less-Fee”. However, other common law jurisdictions, such as England and...more
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 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
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
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
The last two years have reshaped the global economy and socioeconomic policies, and have given rise to new risks and challenges. The world of disputes is also rapidly evolving. As we look back to reflect on the lessons...more
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 study examines over 400 investor-State dispute settlement (ISDS) cases conducted under ICSID, UNCITRAL and other arbitration rules and over 70 ICSID annulment decisions. It provides a comprehensive analysis of how long...more
On the morning of 1 February 2021, in response to allegations of voter fraud, Vice-President Myint Swe (who has since assumed the role of acting President) declared a State of Emergency for one year and conferred full...more
On 27 November 2020, the Department of Justice of the HKSAR Government and the Supreme People’s Court of the People’s Republic of China (the PRC) signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral...more
As Covid-19 coronavirus continues to spread across the globe, the various forums for dispute resolution worldwide find themselves presented with novel challenges, in particular relating to issues around physical attendance at...more
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the Arrangement), which was signed on 2 April 2019, came into...more
On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China signed the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by...more
Update to Allen & Overy 2012 study shows increases on all metrics but, importantly, tribunals taking more nuanced and rigorous approach to parties’ costs Please enter Byline. Investors abroad are increasingly aware of their...more
On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more
Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania
INTRODUCTION -
In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more
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
The financial stakes in investment treaty arbitration are high. The growing complexity of investment treaty proceedings, coupled with the increasing sophistication of the parties, is pushing up average party costs, which now...more
The China International Economic and Trade Arbitration Commission – better known as CIETAC1 – is one of the major arbitration institutions. In 2013, CIETAC accepted 1,256 cases, out of which, 375 were foreign-related.2 As the...more