Many foreign investors would quite naturally like to know the success rate of investment arbitration claims, and whether or not they should expect to win a case, prior to spending three years and hundreds of thousands of dollars on the fees of arbitrators, arbitral institutions, experts and lawyers. While the chances of success of each case of course depend […]
Restitution in Investment Arbitration
In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]
Yukos Awards Annulment by The Hague District Court
The Yukos Awards annulment surprised many. In the Final Award rendered on 18 July 2014, after 10 years of proceedings, the Arbitral Tribunal unanimously ruled that the Russian Federation had taken measures having an effect equivalent to nationalization or expropriation under the ECT and granted Claimants (Yukos Universal Limited, Hulley Enterprises Limited and Veteran Petroleum Limited) […]
Investment Disputes: The Role of Third Party Funders
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 […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
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 […]