This note looks into the reality of intra-EU investment arbitration after the judgment of the Court of Justice of the European Union in Achmea. Achmea was initially referred to as a groundbreaking decision, which caused further steps to be taken to prevent intra-EU investment arbitration. However, recent decisions and judgments may call into question the […]
Enforcement of Investment Arbitration Awards
International investment arbitration has emerged as a vital component of international business law, offering a specialised mechanism for resolving disputes between foreign investors and host States of investment. The enforcement of investment arbitration awards is one of the most critical aspects of the dispute resolution process. Unless the decisions reached were legally binding and effectively […]
Arbitration and the Democratic Republic of the Congo
Arbitration is an important mechanism for resolving disputes in the Democratic Republic of the Congo. The Democratic Republic of the Congo has a history of political instability, armed conflicts, and internal strife. In this context, arbitration can provide a stable, neutral, and efficient means of resolving disputes between parties. As a vast (the eleventh-largest country […]
The Burden of Proof in Arbitration
According to the Merriam-Webster Dictionary, the burden of proof is “the duty of proving a disputed assertion or charge.” It is not to be confused with the standard of proof, which determines “the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding.” Even though both can […]
Renewable Energy Arbitration
Climate change is one of the most concerning phenomena in today’s world. One of the tools almost every country is using to combat global warming is to incentivize the use of renewable energy sources, as opposed to the use of fossil fuels. Humanity has relied on fossil fuels without taking into consideration the long-term consequences. […]