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 […]
International Arbitration in the Seychelles
International arbitration in the Seychelles is primarily governed by the Commercial Code of Seychelles, Chapter 38 (1 January 1977) Title IX (the “Commercial Code Act”) and supplemented by the Seychelles Code of Civil Procedure, Chapter 213 (15 April 1920, as amended) (the “Code of Civil Procedure”). The legal system of the Seychelles represents a peculiar […]
William Kirtley Interviewed by RadioFreeEurope Regarding Investment Arbitration
William Kirtley of Aceris Law has recently been interviewed by RadioFreeEurope (RFE) regarding an investment arbitration initiated against the United States, discussing the interplay between domestic criminal proceedings and expropriation claims under international treaties. Aceris Law is also in the news for its representation of a claimant in an ICSID arbitration against the State of […]
MFN Clauses in Investment Arbitration
Most-Favoured-Nation Clauses, or MFN Clauses, figure in the vast majority of investment protection treaties. They are intended to ensure “that a host country extends to the covered foreign investor and its investments, as applicable, treatment that is no less favourable than that which it accords to foreign investors of any third country.”[1] By according such […]
ICSID Arbitration
ICSID arbitration refers to arbitral proceedings conducted under the aegis of the International Centre for Settlement of Investment Disputes (the “ICSID Centre”), established by Article 1 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “Convention”), which entered into force on 14 October 1966. The Convention provides […]