The intersection of international investment law and domestic politics often leads to high-profile arbitration cases, with the annulment of awards frequently making headlines. One such case is the long-standing dispute between the Hungarian energy company MOL Group and the Republic of Croatia. The saga encapsulates the complex dynamics of investment arbitration, allegations of corruption, and […]
Assignment in Investment Arbitration
The assignment of arbitration agreements has been the subject of multiple rulings by domestic courts of various countries. This body of case law, with its own principles, is not directly applicable to assignment in investment arbitration. Assignment is the transfer of rights, property or other benefits from an assignor to an assignee. In investment arbitration, […]
Judicial Expropriation in Investor-State Arbitration
Investor-State arbitrations involving unlawful expropriation are often concentrated on acts from a State’s legislative or executive branch. In this configuration, acts such as executive orders or laws are how a State may expropriate foreign investors. In turn, a lesser-known type of expropriation is judicial expropriation, which can be defined as “[t]he taking of contractual and […]
Context in Treaty Interpretation
When addressing context in treaty interpretation, the primary point of reference is the Vienna Convention on the Law of Treaties (the “Vienna Convention”). The Vienna Convention was adopted on 23 May 1969 by the United Nations.[1] It entered into force for the original parties on 27 January 1980.[2] The Vienna Convention constitutes one of the most […]
Environmental Concerns in Investment Arbitration
Traditionally, investment arbitration and environmental protection existed in separate spheres, with the former primarily focused on protecting the rights of investors and the latter concerned with safeguarding the environment. However, this separation has blurred as environmental issues have gained prominence on the international stage. In recent years, the intersection of environmental concerns and investment arbitration […]