Should a foreign investor opt for ICSID arbitration or UNCITRAL arbitration when a choice exists? Foreign investors involved in a dispute with a host State of investment are often able to choose between initiating ICSID arbitration under the ICSID Convention or ad hoc arbitration under the UNCITRAL Arbitration Rules in order to resolve their investment dispute. This […]
States as Claimants in Investment Arbitration
In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]
ICSID Caseload Statistics
Recently, the International Centre of Settlement of International Dispute (“ICSID”) announced a new case record.[1] According to its caseload statistics published on 2 February 2018, the institution registered a record of 53 claims over 2017. Out of these cases, 49 were submitted under the ICSID Convention, while 4 were conducted under the ICSID Additional Facility rules. The […]
ICSID Denunciation – Should Investors be Worried?
Arbitration is only possible when both the claimant and the respondent have consented to it. In Investment Treaty Arbitration specifically, an investor can “perfect consent” by accepting an offer to arbitrate in an investment treaty. This article explores the significance of ICSID Denunciation in light of Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, C.A. […]
Aceris Law Publishes Guide to Arbitration in France
Aceris Law, an international arbitration boutique, has recently published a guide to arbitration in France for 2018, which is available at the following link:https://www.acerislaw.com/arbitration-france/ Written by the international arbitration lawyer William Kirtley and Marie-Camille Pitton, the guide, published in Getting the Deal Through, provides an overview of most legal issues concerning arbitration in France and Paris, the […]