Defenses based on alleged corruption-related activities by investors have become popular by States in investment arbitration. Given the seriousness of such accusations, one of the most important tasks for arbitral tribunals is undoubtedly to sort out legitimate defenses based on well-established facts of corruption from unfounded insinuations. Therefore, the approach undertaken by arbitral tribunals regarding […]
Interest in International Investment Arbitration
In international investment arbitration interest may represent a significant portion of a final award and it is not uncommon for interest to exceed actual damages.[1] While not being an independent remedy, interest represents an important element of compensation.[2] The main purpose of an award of interest is “to compensate the damage resulting from the fact that, […]
Arbitragem CIRDI: o que é uma disputa de investimento estrangeiro?
Uma disputa de investimento estrangeiro é aquela entre um investidor originário de um determinado país e o governo de um país diverso relacionada a um investimento no país hospedeiro/receptor. Muito embora este assunto pareça simples, existem diversas questões bastante complexas. Uma questão importante é aquela sobre do quê se trata um investimento. A partir do […]
Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration
The prohibition of discriminatory, unreasonable and/or arbitrary measures affecting investors’ investments normally figures among the protection standards provided by bilateral or multilateral investment treaties. Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness or discrimination is closely linked […]
Intra-EU Investment Arbitration: Impact of EU Member States’ Declarations in the Wake of Achmea
In Achmea,[1] the Court of Justice of the European Union (CJEU) was asked to assess the compatibility of the dispute resolution clause contained in the Netherlands-Slovak Republic BIT with EU law. In March 2018, the CJEU held that the clause was incompatible based on the threat posed to the constitutional structure and autonomy of the […]