Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]
Investor-State Arbitrations Against Serbia
Numerous countries have faced investor-State arbitrations, including Serbia. This snapshot of reported investor-State arbitrations against Serbia to date is intended to give a quick overview of the dominant issues arising in the investor-State arbitrations against Serbia. The reported cases of investor-State arbitrations against Serbia are briefly discussed below. Mera Investment Fund Limited v. Republic of […]
Summary Procedures in International Arbitration
Summary procedures in international arbitration mean procedures by which the arbitral tribunal determines certain points of fact or law at an early stage of the proceedings, potentially dispensing with the need for further arbitration proceedings. Summary proceedings can be a blessing to a respondent facing frivolous claims that obviously lack merit, as a successful dismissal […]
Expedited Arbitration
Expedited arbitration (or fast-track arbitration) has gained traction in recent years, in response to the length and cost of traditional international arbitration. The first expedited arbitration scheme appears to have been introduced in the 1992 Arbitration Rules of the Geneva Chamber of Commerce and Industry Arbitration Rules (“CCIG”).[1] Today, most leading arbitral institutions have adopted specific […]
Armed Conflict and Investment Arbitration
With the saddening developments in Ukraine, the implication of investment arbitration in the context of armed conflict has become one of the hottest topics in the arbitration community. On 10 May 2023, the Abu Dhabi Global Market (ADGM) and the International Centre for Settlement of Investment Disputes (ICSID) hosted a joint conference on armed conflict […]