In the not-too-distant past, there were only a few individuals acting regularly as arbitrators in international arbitration. Similarly, law firms engaged in international arbitration could be counted on the fingers of one hand. Unsurprisingly, there were a very small number of individuals, generally well-connected, who were called upon to act as arbitrators. This trend, however, […]
Resolving Energy Disputes Through Arbitration
Energy projects are usually long, complex and require a substantial level of capital. Additionally, the sector has significant exposure to geological events, political changes and environmental regulations. For these reasons, disputes are common in the energy sector, and arbitration has become the preferred method of resolving these disputes, particularly at the international level.[1] As noted […]
Mining Arbitrations
Mining-related arbitrations have significantly increased over recent decades. Metals and minerals play an important role in foreign direct investments and the need for complex contracts have attracted considerable attention of arbitration practitioners and users. The mining sector is complex. It frequently involves multiple parties and different jurisdictions. Additionally, social development in emerging economies and environmental […]
Human Rights Law and Investment Arbitration
Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]
Effective Means Provision in Investment Arbitration
In addition to typical standards of investment protection such as fair and equitable treatment, national treatment or most-favored nation treatment, investment treaties sometimes contain an effective means of asserting claims and enforcing rights provision, commonly known as an “effective means provision“. This provision figures mainly in investment treaties concluded by the USA, such as the […]