On 14 August 2020, the International Center for Settlement of Investment Disputes (“ICSID”) published its newest case report, ICSID Caselaw – Statistics (Issue 2020-2), providing data on new cases for the fiscal year 2020 (“FY2020”), i.e., until 30 June 2020.[1] ICSID publishes its reports on ICSID caselaw statistics bi-annually, examining all ICSID cases since the […]
Lost Profits in Investment Arbitration
It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]
Energy Charter Treaty: Current Status between EU States
The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty was preceded by the European Energy Charter adopted in December 1991, under which signatories […]
How to File an ICSID Request for Arbitration
The filing of a Request for Arbitration before the World Bank’s International Centre for Settlement of Investment Dispute (the “Centre” or the “ICSID”) is a crucial and relatively straightforward step. In 2019, the ICSID Secretary-General received 39 requests for arbitration.[1] Almost all arbitration rules, including the ICSID Arbitral Rules,[2] provide that a party wishing to […]
The COVID-19 Pandemic and Investment Arbitration
As the outbreak of the COVID-19 pandemic has already impacted over 150 countries worldwide, it is hard to imagine that investment arbitration will not be impacted. While the future remains uncertain, the response to the COVID-19 pandemic is likely to violate various protections provided in bilateral investment treaties (“BITs”) and may bring rise to claims […]