In an important decision regarding the scope of Most-Favored-Nation (“MFN”) clauses in investment treaties, the Svea Court of Appeal on 12 November 2024 annulled the Partial Award on Jurisdiction and Admissibility in Zaza...more
The global energy transition means that demand for critical materials and minerals is on the rise. With significant quantities of the world’s metals and minerals located in Africa, mining companies must operate in a dynamic...more
The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more
The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more
On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more
Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more
The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...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
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
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
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
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 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
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
The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more
Investor-State arbitration is designed to protect investors from unfair conduct by foreign governments. The quintessential example of a violation is an unlawful factory expropriation (e.g., a State taking over an oil refinery...more
The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more
Le 1er juillet 2022, des modifications apportées aux règlements du Centre international pour le règlement des différends relatifs aux investissements (le « CIRDI ») sont entrées en vigueur (les « modifications »). Membre...more