[Revista de Derecho Administrativo (ReDA) #84, Ed. Lexis Nexis – Abeledo Perrot. Buenos Aires, Argentina. Pages 1817/1829. December 2012. ISSN 1851-0590] 1.- Introducción Mucho se ha discutido acerca de lo que acontece en torno a las demandas presentadas por inversores extranjeros contra la República Argentina ante el CIADI, enmarcadas en los Tratados Bilaterales de Promoción […]
The Relationship between International Investment Arbitration and Sovereign Debt Restructuring
Abstract: The two cases of Abaclat and others v. Argentina Republic and Ambiente Ufficio S.p.A. and others v. Argentine Republic have attracted much attention in the application of international investment arbitrationin sovereign debt restructuring. However, the relationship between the international investment law and the sovereign debt restructuring is complex and controversial, since the […]
Chevron Wins Arbitration Victory Against Ecuador
Below, please find a solid non-legal summary of the latest state of the long-running Chevron v. Ecuador arbitral proceedings, one of the messiest and most interesting investment treaty arbitrations to have occurred over the past decade. – William Kirtley In an apparent coup for the oil giant’s efforts to undermine a $19 billion environmental judgment […]
Why Investors Should Attempt To Negotiate Waivers Of Sovereign Immunity With Respect To Specific Assets Or Classes Of Assets
Although NML Ltd won an investment arbitration against Argentina many years ago, it has yet to succeed in enforcing its award against the country. The latest judicial decisions in NML Ltd’s attempts to enforce the award were rendered recently by the French Cour de Cassation, which elaborated on the French conception of sovereign immunity from […]
Recent ICSID Cases Discussed in the Investment Arbitration Reporter
February 28, 2013 (Vol. 6, No. 5) 1. First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases 2. Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration 3. Sri Lanka breached BIT due to […]