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You are here: Home / Archives for Bilateral Investment Treaty

Appellate Mechanisms for ISDS: Inconsistency & Unpredictability of Arbitration Awards

30/09/2018 by International Arbitration

Inconsistency & Unpredictability of Arbitration Awards

Investor-State Dispute Settlement (“ISDS”) has been criticized for the lack of an appellate mechanism and the inconsistency and unpredictability of certain arbitration awards that are rendered. Opponents of ISDS claim that, as decisions that may ultimately affect public interests are at stake, it is undesirable that wrong decisions taken by arbitral tribunals cannot be appealed. […]

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

Investor-State Arbitration: Who Qualifies as a Foreign Investor?

28/09/2018 by International Arbitration

Investor-State Arbitration

The simplest investment protections to understand, as well as the widest, are usually provided in Bilateral Investment Treaties (“BIT’s”). Protection via BIT’s is not granted to every foreign entity that is impacted by the measures of a host State of investment, however. In order to enjoy protection under BIT’s, business actors must qualify as investors […]

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

Valuation Date of Expropriated Investment in Investor-State Arbitration

19/09/2018 by International Arbitration

The valuation date of an expropriated investment represents a crucial factor in assessing the amount of compensation to be paid in investor-State arbitrations, as the value of investments may change dramatically over the course of time. Arbitral tribunals are keenly aware that the value of investments change over time. For example, the Iran-US Claims Tribunal […]

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

The Salini Test in ICSID Arbitration

16/09/2018 by International Arbitration

The Salini Test in ICSID Arbitration

Article 25(1) of the ICSID Convention states that “[t]he jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment”. The manner in which tribunals have applied this provision has gradually evolved and has been subject to considerable debate. The Salini Test has been at the heart of this debate. […]

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

How Do Investment Arbitration Tribunals Interpret Investment Treaties?

19/08/2018 by International Arbitration

Arbitration Investment Treaties

When interpreting a treaty provision, arbitral tribunals should first and foremost look at the “ordinary meaning of the terms”. This methodology is prescribed by Article 31 of the 1969 Vienna Convention on the law of treaties (VCLT). VCLT Articles 31-32 are codifications of customary international law. The interpretative approach prescribed by these articles should be […]

Filed Under: Arbitration Agreement, Bilateral Investment Treaty, ICSID Arbitration

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Construction Delays and Arbitration: Concurrent Delay

Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?

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LSG Building Solutions v. Romania: Annulment Is Not an Appeal

When an Arbitral Award Becomes State Aid

Moral Damages in Investor-State Arbitration after Emergofin

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