Although the topic is not new, it seems that there are always new things to say about investor-State arbitration when looking at the amount of articles and documents issued and published almost on a daily basis by the EU Commission and Parliament, national governments and parliaments but also academics, practitioners, the media, blogs, etc. This […]
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?
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 […]
Consent and Nationality In ICSID Jurisprudence: Two Old Chestnuts of ICSID Jurisdiction Revisited
Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]
Arbitration in Lebanon
Arbitration in Lebanon Historical Background Of Arbitration In Lebanon Arbitration in Lebanon is common, and Lebanon is considered to be one of the friendliest countries for arbitration in the Middle East. The Lebanese legislation on arbitration is modern, meaning that it recognizes all well-established principles in international arbitration. In many respects, it is similar to the […]
Swaziland ICSID Arbitration Notice Of Dispute
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 […]