Investment treaty arbitration has various flaws, but one flaw that is acknowledged by both foreign investors and States who use the dispute resolution system is that, in practice, it can be incredibly expensive. The costs of investment treaty arbitration can be unbearable for certain States, who have far better uses for public funds, and they […]
Proving Corruption in Investment Arbitration – Lao Holdings v. The Lao People’s Democratic Republic
Defenses based on alleged corruption-related activities by investors have become popular by States in investment arbitration. Given the seriousness of such accusations, one of the most important tasks for arbitral tribunals is undoubtedly to sort out legitimate defenses based on well-established facts of corruption from unfounded insinuations. Therefore, the approach undertaken by arbitral tribunals regarding […]
Interest in International Investment Arbitration
In international investment arbitration interest may represent a significant portion of a final award and it is not uncommon for interest to exceed actual damages.[1] While not being an independent remedy, interest represents an important element of compensation.[2] The main purpose of an award of interest is “to compensate the damage resulting from the fact that, […]
Enforcement of Arbitral Awards against State Assets: Sovereign Immunity in the United States
The main issue related to enforcement of an arbitral award against a State in the United States is the State’s sovereign immunity. Under the Foreign Sovereign Immunities Act (“FSIA”), foreign sovereigns enjoy immunity from jurisdiction, a presumptive immunity from suit in U.S. federal and state courts, and immunity from execution, whereby their property is immune […]
William Kirtley and Marie-Camille Pitton Named Who’s Who in International Arbitration
William Kirtley and Marie-Camille Pitton of Aceris Law LLC have obtained another distinction, being named as Who’s Who in the fields of investment arbitration, construction arbitration and commercial arbitration. Since 2014, William Kirtley has spearheaded efforts to develop a better, more modern and more cost-effective boutique arbitration practice, which is perfectly-tailored for international dispute resolution […]