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You are here: Home / Archives for Bilateral Investment Treaty

Proving Corruption in Investment Arbitration – Lao Holdings v. The Lao People’s Democratic Republic

26/09/2019 by International Arbitration

Corruption in Investment Arbitration

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 […]

Filed Under: Bilateral Investment Treaty, Investor State Dispute Settlement, Laos Arbitration

Interest in International Investment Arbitration

24/09/2019 by International Arbitration

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, […]

Filed Under: Arbitration Award, Bilateral Investment Treaty, Investor State Dispute Settlement

Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration

13/05/2019 by International Arbitration

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 […]

Filed Under: Arbitration Rules, Bilateral Investment Treaty, Interim Measures, Investor State Dispute Settlement

Intra-EU Investment Arbitration: Impact of EU Member States’ Declarations in the Wake of Achmea

06/05/2019 by International 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 […]

Filed Under: Bilateral Investment Treaty, Enforcement of Arbitration Award, Investor State Dispute Settlement

Time Limitations and Stale Claims in Investment Arbitration

18/03/2019 by International Arbitration

statute-of-limitation in Investment Arbitration

Investment arbitration sometimes deals with legal issues that are particularly well-rooted in national laws, whereas their application at the international level is less evident. One of these issues revolves around the concept of time limitations. In fact, host States of investment might build their defence based on this concept, arguing that investors’ claims are stale, […]

Filed Under: Arbitration Rules, Bilateral Investment Treaty, Investor State Dispute Settlement

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