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You are here: Home / Archives for Investor State Dispute Settlement

ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings (2018 ICC Rules)

22/01/2019 by International Arbitration

ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings

International arbitration is governed by a cornerstone principle, the principle of consent. This means that parties are free to include, by mutual consent, an arbitration agreement in their contract. By the same token, they can organize such arbitration proceedings by choosing either an ad hoc arbitration or an arbitration administered by an institution. Nonetheless, the […]

Filed Under: ICC Arbitration, ICSID Arbitration, Investor State Dispute Settlement

Final Version of the Netherlands Model BIT Released

01/01/2019 by International Arbitration

Final Netherlands BIT

Previously, we analysed the main features of the 2018 Draft Netherlands Model BIT and concluded that the instrument could mark a new era in investment arbitration in the Netherlands. The Draft was open to consultation until 18 June 2017. The finalized text was adopted and released on 19 October 2018. The final version of the […]

Filed Under: Bilateral Investment Treaty, Investor State Dispute Settlement, Netherlands Arbitration

Legitimate Expectations in Investment Arbitration

14/10/2018 by International Arbitration

In its judgment rendered on 1 October 2018 in the Bolivia v. Chile case, the International Court of Justice drew a distinction between public international law and investment arbitration with respect to the notion of legitimate expectations. The Court held that, contrary to bilateral investment treaties where the principle of legitimate expectations of foreign investors […]

Filed Under: Bilateral Investment Treaty, Investor State Dispute Settlement, Public International Law

Denial of Justice in International Investment Law

10/10/2018 by International Arbitration

International Investment Law

The principle of denial of justice embodies the maladministration of justice by local courts.[6] Prohibited acts of the local judiciary mainly revolve around access to justice, discrimination and the slow or non-existent execution of court decisions which are favorable to a foreign investor.[7] One of the oldest and most oft-cited definitions of denial of justice […]

Filed Under: Arbitration Procedure, International Arbitration Law, Investor State Dispute Settlement

The National Treatment Standard – Investment Arbitration

04/10/2018 by International Arbitration

Investment Arbitration

Violations of the National Treatment standard are often alleged by claimants involved in investment arbitrations. The National Treatment standard has a simple theoretical purpose: to ensure that foreign investors or their investments will be treated no less favourably than domestic investors or their investments. The application of the National Treatment standard can vary significantly depending […]

Filed Under: Arbitration Award, Bilateral Investment Treaty, Investor State Dispute Settlement

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Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

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