In 2015, as a result of the increase of Brazilian investment overseas, the Brazilian government, in consultation with private entities, elaborated so-called Cooperation and Facilitation Investment Agreements (“CFIA”s – or “ACFI” in its Portuguese acronym). The CFIA’s aim was to facilitate and stimulate reciprocal investments between States, especially in strategic sectors, much like the Bilateral […]
Consent in Investment Arbitration
Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]
Obtaining Third-Party Funding for International Arbitration – How It Works
Obtaining third-party funding for international arbitration is not an easy process. Aceris Law LLC has already written about the issue here. When searching for third-party funding, prospective litigants often lack information on the requirements and knowledge of what is required to successfully fund an arbitration. By composing the following list, we hope to demystify the […]
International Arbitration and Human Rights – Igor Boyko v. Ukraine
The issue of consolidation between international arbitration and human rights has always been subject to controversies and doctrinal debates[1]. One reason for these controversies stems from the fact that human rights law and investment law follow different objectives. As stressed by J. Paulsson, while the first “deal[s] with rights of individuals that are inalienable whether or […]
Three Spanish Arbitration Centers- A Step Towards Unification?
On 18 December 2017, three of Spain’s most prominent arbitration centers signed a memorandum of understanding as a first step towards their unification. This is another of the efforts of the Spanish Government in an attempt to make Spain a more appealing center for international arbitration which would rival Paris, London, Singapore, Hong Kong and […]