International Arbitration

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Investment Disputes: The Role of Third Party Funders

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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

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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 […]

A Short Analysis of the Kılıç Ad-Hoc Committee’s Decision on Annulment: Can an Investor Directly Apply to International Arbitration without Resorting to Local Courts?

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By Turgut Aycan Özcan & Timuçin Demir Everything concerning the Kılıç Ad-Hoc Committee’s Decision on Annulment of course started with the decision rendered in the ICSID case between a Turkish construction company, Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (“Kılıç”), and Turkmenistan. Kılıç had filed an ICSID case (ICSID Case No. ARB/10/01) against Turkmenistan […]

Swaziland ICSID Arbitration Notice Of Dispute

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Swaziland ICSID Arbitration Notice Of Dispute For The Expropriation Of Shareholding In Joint Venture A notice of dispute against Swaziland has been submitted to the King of Swaziland, His Majesty the King Mswati III, as well as his Prime Minister and other Government entities. Brought on behalf of the foreign investor Southern Africa Resources Limited (“SARL”), the […]