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

Arbitration and the Democratic Republic of the Congo

07/05/2023 by International Arbitration

Arbitration - 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 […]

Filed Under: Democratic Republic of the Congo Arbitration, Investor State Dispute Settlement

The Burden of Proof in Arbitration

07/12/2022 by International Arbitration

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 […]

Filed Under: International Arbitration Law, Investor State Dispute Settlement

Renewable Energy Arbitration

21/11/2022 by International Arbitration

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. […]

Filed Under: Investor State Dispute Settlement

Climate Law in Investment Arbitration – Two Sides of the Same Coin

20/08/2022 by International Arbitration

Climate law in investment arbitration

The role of climate law in investment arbitration is a problematic issue. Even though environmental consciousness and sustainability are increasingly important in today’s world, and investment arbitration tribunals have also recently recognized the importance of adjusting investment law to support the goals of climate law, there seems to exist a clash between the two fields […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Assessing and Forecasting Costs in Investment Arbitration

17/08/2022 by International Arbitration

Graph-Cost-in-Investment-Arbitration-1

Many variables can influence the costs of investment arbitration. While the costs of parties’ counsel and the arbitral tribunal’s fees are far from trivial, other potential variables may be useful to assess and forecast the costs of investment arbitration disputes. In this post, we will explore how some variables may impact the parties’ overall costs […]

Filed Under: Investor State Dispute Settlement

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A FRANDly Forum? The Growing Role of Arbitration in SEP Disputes

LSG Building Solutions v. Romania: Annulment Is Not an Appeal

When an Arbitral Award Becomes State Aid

Moral Damages in Investor-State Arbitration after Emergofin

Transnational Issue Estoppel in International Arbitration: Can It Prevent Re-Litigation at the Enforcement Stage?

What the ICC’s 2025 Statistics Tell Us About the Direction of International Arbitration

Deepfakes in International Arbitration

French Court of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are at Stake

Ukraine v. Russia UNCLOS Award on Environment and Navigation

Russian Court Refuses Recognition and Enforcement of LCIA Awards Against RUSAL on Public Order Grounds

Blasket v. Spain: Limits on Sovereign Asset Discovery

Can Claimants Avoid Arbitration by Adding Non-Signatory Defendants?

Singapore SICC Rejects Attempt to Set Aside Costs Award Denying Third-Party Funding Costs

FLOPEC v. Sudhaus: New York Convention Arbitration Prevails

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