Most-Favoured-Nation Clauses, or MFN Clauses, figure in the vast majority of investment protection treaties. They are intended to ensure “that a host country extends to the covered foreign investor and its investments, as applicable, treatment that is no less favourable than that which it accords to foreign investors of any third country.”[1] By according such […]
ICSID Caseload – Statistics for Fiscal Year 2020
On 14 August 2020, the International Center for Settlement of Investment Disputes (“ICSID”) published its newest case report, ICSID Caselaw – Statistics (Issue 2020-2), providing data on new cases for the fiscal year 2020 (“FY2020”), i.e., until 30 June 2020.[1] ICSID publishes its reports on ICSID caselaw statistics bi-annually, examining all ICSID cases since the […]
Lost Profits in Investment Arbitration
It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]
Energy Charter Treaty: Current Status between EU States
The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty was preceded by the European Energy Charter adopted in December 1991, under which signatories […]
How to File an ICSID Request for Arbitration
The filing of a Request for Arbitration before the World Bank’s International Centre for Settlement of Investment Dispute (the “Centre” or the “ICSID”) is a crucial and relatively straightforward step. In 2019, the ICSID Secretary-General received 39 requests for arbitration.[1] Almost all arbitration rules, including the ICSID Arbitral Rules,[2] provide that a party wishing to […]