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
On July 1, 2022, amendments to the International Centre for Settlement of Investment Disputes (ICSID) rules and regulations came into effect. ICSID, one of the organizations of the World Bank Group, is an institution for...more
The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT. Part of the agreement “confirm[s] that an investor from a Contracting Party...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
Under 28 U.S.C. §1782, parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question...more
The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes...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