Will an Investment Court System be better than the current arrangements for International Investment Arbitration? The EU and Canada appear to think so. In the recently-approved and signed Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada, a different approach to International Investment Arbitration is being put forward by the EU and […]
British Virgin Islands International Arbitration Centre
A new British Virgin Islands International Arbitration Centre (“BVI IAC”) was launched on 16 November 2016. This arbitration institution describes itself as an “independent not-for-profit institution” that was created to provide a “neutral, impartial, efficient and reliable dispute resolution institution in the Caribbean, Latin America and beyond.”[1] It was only on 25 May 2014 that […]
Indonesia ICSID Arbitration Found Inadmissible Due to Fraud
An Indonesia ICSID arbitration has been found to be inadmissible on the basis of fraud. By an award on 6 December 2016, the Arbitral Tribunal of the International Center for Settlement of Investment Disputes (ICSID) rejected Churchill Mining and Planet Mining Pty Ltd’s claim for compensation (USD 1.95 billion) against the Republic of Indonesia under […]
Istanbul Arbitration Centre
The Istanbul Arbitration Centre (‘ISTAC’) was established in 2015 in Istanbul, Turkey. The ever-developing Turkish economy and increasing numbers of Turkey-related disputes, both in International Commercial Arbitration and Investment Arbitration, have highlighted the importance and the role that this institution may assume in coming years. It is well within reason that the ISTAC may attract […]
Human Rights and Investment Arbitration: Parallel Proceedings
Human rights and investment arbitration are not opposed, and in fact there is a considerable degree of overlap. The European Court of Human Rights (‘ECtHR’) has been used as an alternative forum or supplement to Investment arbitration in multiple disputes. Even though the ECtHR and Investor-State Arbitral tribunals belong to prima facie different regimes, and […]