The Yukos Awards annulment surprised many. In the Final Award rendered on 18 July 2014, after 10 years of proceedings, the Arbitral Tribunal unanimously ruled that the Russian Federation had taken measures having an effect equivalent to nationalization or expropriation under the ECT and granted Claimants (Yukos Universal Limited, Hulley Enterprises Limited and Veteran Petroleum Limited) […]
Third Party Funding Is Being Regulated
For the first time an International Investment Agreement (IIA) is about to include an express reference to third party funding. The draft Free-Trade Agreement (FTA) between the European Union (EU) and Vietnam is paving the way for regulating third party funding in treaties. This regulation effort occurs in a context of booming of third party funding […]
Investment Disputes: The Role of Third Party Funders
The Role of Third Party Funders in Investment Disputes In investment disputes, when the claimant decides to pull the trigger and bring forward, one can wonder what his options are to finance the arbitral proceedings. Claimants most often do not have much capital left and are in a distressed financial situation but their claims have […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]
What future for investor-State arbitration: The European perspective.
Although the topic is not new, it seems that there are always new things to say about investor-State arbitration when looking at the amount of articles and documents issued and published almost on a daily basis by the EU Commission and Parliament, national governments and parliaments but also academics, practitioners, the media, blogs, etc. This […]