William Kirtley and Marie-Camille Pitton of Aceris Law LLC have obtained another distinction, being named as Who’s Who in the fields of investment arbitration, construction arbitration and commercial arbitration. Since 2014, William Kirtley has spearheaded efforts to develop a better, more modern and more cost-effective boutique arbitration practice, which is perfectly-tailored for international dispute resolution […]
William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration
William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]
Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration
The prohibition of discriminatory, unreasonable and/or arbitrary measures affecting investors’ investments normally figures among the protection standards provided by bilateral or multilateral investment treaties. Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness or discrimination is closely linked […]
Intra-EU Investment Arbitration: Impact of EU Member States’ Declarations in the Wake of Achmea
In Achmea,[1] the Court of Justice of the European Union (CJEU) was asked to assess the compatibility of the dispute resolution clause contained in the Netherlands-Slovak Republic BIT with EU law. In March 2018, the CJEU held that the clause was incompatible based on the threat posed to the constitutional structure and autonomy of the […]
Time Limitations and Stale Claims in Investment Arbitration
Investment arbitration sometimes deals with legal issues that are particularly well-rooted in national laws, whereas their application at the international level is less evident. One of these issues revolves around the concept of time limitations. In fact, host States of investment might build their defence based on this concept, arguing that investors’ claims are stale, […]