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You are here: Home / Archives for Bilateral Investment Treaty

Indian Investment Arbitration Regime Changes

11/10/2016 by International Arbitration

Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]

Filed Under: Bilateral Investment Treaty, Bolivia Arbitration, Ecuador Arbitration, India Arbitration, Investor State Dispute Settlement, UNCITRAL Arbitration

Emergency Arbitrator Award

16/07/2016 by International Arbitration

Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Damages, Arbitration Information, Arbitration Rules, Bilateral Investment Treaty, Emergency Arbitrator, HKIAC Arbitration, ICC Arbitration, Interim Measures, Investor State Dispute Settlement, Law Of The Sea, LCIA Arbitration, Moldova Arbitration, Russia Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration

Limits to the Police Powers Doctrine

15/05/2016 by International Arbitration

police powers doctrine

According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]

Filed Under: Arbitration Procedure, Bilateral Investment Treaty, Bolivia Arbitration, Czech Republic Arbitration, Estonia Arbitration, Hungary Arbitration, ICSID Arbitration, Investor State Dispute Settlement, Macedonia Arbitration, Mexico Arbitration, Sports Arbitration, Switzerland Arbitration

Investment Disputes: The Role of Third Party Funders

16/02/2016 by International Arbitration

international arbitration locations

The Role of Third Party Funders in Investment Disputes In investment disputes, when the claimant decides to pull the trigger and bring forward, one can wonder what his options are to finance the arbitral proceedings. Claimants most often do not have much capital left and are in a distressed financial situation but their claims have […]

Filed Under: Arbitration Award, Arbitration Cost, Arbitration Damages, Arbitration Jurisdiction, Bilateral Investment Treaty, Canada Arbitration, China Arbitration, Enforcement of Arbitration Award, Expropriation, ICC Arbitration, ICSID Arbitration, International Arbitration Law, Investor State Dispute Settlement, Jurisdiction, London Arbitration, New York Convention, Switzerland Arbitration, Third-Party Funding, United Kingdom Arbitration, Venezuela Arbitration

Investor-State Arbitration – Claimant’s Counsel’s Critical Choices

07/01/2016 by International Arbitration

investor-state arbitration

Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]

Filed Under: Arbitration Agreement, Arbitration Award, Arbitration Damages, Arbitration Information, Arbitration Jurisdiction, Arbitration Rules, Arbitrator, Bilateral Investment Treaty, Czech Republic Arbitration, Enforcement of Arbitration Award, Expropriation, ICC Arbitration, ICSID Arbitration, International Arbitration Law, Investor State Dispute Settlement, Italy Arbitration, Jurisdiction, Switzerland Arbitration, UNCITRAL Arbitration

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