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

Denial of Benefits in Investment Arbitration

26/06/2022 by International Arbitration

Denial-of-Benefits-in-Investment-Arbitration

Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]

Filed Under: Energy Charter Treaty, Investor State Dispute Settlement

Customary International Law and Investment Arbitration

04/06/2022 by International Arbitration

Customary International Law

Customary international law plays a significant role in investment arbitration disputes. Parties frequently rely on customary international law as a secondary source of law under a bilateral investment treaty (BIT) or a State contract. In some cases, arbitral tribunals have accepted a more prominent role of customary law, i.e., as a self-standing source of international […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement, Public International Law

Umbrella Clauses in Investment Arbitration

01/05/2022 by International Arbitration

Umbrella clause investment arbitration

In investment arbitration, an umbrella clause can constitute an advantage for investors, protecting investments by placing obligations entered into by a host State of investment under the protective “umbrella” of an international treaty. By linking the violation of local law to the violation of a Bilateral Investment Treaty (“BIT”), contract claims may in particular be […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Expropriation in Investment Arbitration

13/03/2022 by International Arbitration

Criteria for lawful expropriation

Expropriation in investment arbitration concerns two notions: (1) each State’s right to exercise sovereignty over its territory and (2) each State’s obligation to respect properties belonging to foreigners. The first means that a State may, in special circumstances, expropriate a foreign investor’s property. The second means that the expropriation of foreign-held properties will only be […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

Fair and Equitable Treatment in Investment Arbitration

23/01/2022 by International Arbitration

Fair and equitable treatment

Fair and equitable treatment is a prominent standard of protection in investment arbitration disputes, which is present in most bilateral investment treaties (“BITs”).[1] The standard has evolved in post-World War II treaties. The 1948 Havana Charter for an International Trade Organization is said to be the first treaty to include “just and equitable treatment” for […]

Filed Under: ICSID Arbitration, Investor State Dispute Settlement

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

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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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