Since the election of President Gustavo Petro, Colombia’s executive has repeatedly proposed structural reforms that undermine foreign investment across sectors, reflecting a worrisome trend across Latin America. Despite...more
On June 17, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) published a report on the trends in enforcement and compliance of the awards rendered by arbitration tribunals constituted under...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
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
Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more
Conozca más sobre los cambios para mejorar la transparencia y la eficiencia en las modificaciones a las Reglas del CIADI, que entrarán en vigor el 1 de julio de 2022....more
Learn more about the changes to improve transparency and efficiency in the amended ICSID Rules, which go into effect July 1, 2022. Approved by the ICSID Administrative Council on March 21, 2022, the amended ICSID Rules will...more
On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more
In the investor-State context, consensual alternative dispute resolution (ADR) has long been viewed as an aspirational endeavor. Where a foreign company or individual complains of mistreatment by a host State, the investor...more
With the results of the U.S. presidential election announced last week, international lawyers are now looking closely at how the incoming Biden Administration will handle the many challenges facing the global legal order....more
One of the main procedural cornerstones of international investment and commercial arbitration is arbitral tribunal integrity. Accordingly, attacks on the composition of the tribunal can be fatal. In fact, international...more
A uniform pronouncement of the burden of proof necessary for a party to succeed in summary disposition of a case is conspicuously absent from international arbitration today. The rules for summary disposition of cases...more
In 2018, the Court of Justice of the European Union (“CJEU”) rendered a judgment in the Achmea case, which has led to much controversy and concern in the European investor-state arbitration community. ...more
The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more
Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more
Como lo informó previamente Holland & Knight, el Secretario de Economía de México, Ildefonso Guajardo, firmó la adhesión de México al Convenio del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones...more
As Holland & Knight reported earlier, Mexico's Secretary of Economy Ildefonso Guajardo signed Mexico's accession to the International Centre for Settlement of Investment Disputes (ICSID) Convention. (See Holland & Knight's...more
In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more
On January 11, 2018, the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank in Washington D.C. announced that the United Mexican States' Secretary of the Economy, Ildefonso Guajardo...more
Desde hace más de dos décadas, México ha impulsado políticas para fomentar el ingreso y participación de la inversión extranjera en las actividades económicas del país. Sin embargo, y a pesar de ser uno de los 10 países más...more
For more than two decades, Mexico has promoted policies to encourage the entry and participation of foreign investment in the country's economic activities. However, despite being one of the 10 most active countries in...more
The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more
Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more
Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and...more
Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more