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Appointing authorities and the selection of arbitrators in investor-state dispute settlement: an overview
The Freedom of Investment Roundtable considered a Secretariat paper on appointing authorities and the selection of arbitrators in ISDS
Letter: Gambia is about to pay half a million dollars at the International Settlement Investment Dispute Court
Shocking information from insiders tells us that the authorities are about to make a payment to the International Settlement of Investment Disputes of nearly US dollars 500,000 as a prepay for the three litigations.
Ecuador adopts a new approach towards foreign investment
Recent declarations made by members of the newly elected government of Ecuador reveal a reversal of its predecessor’s decision to denounce and withdrawal from the ICSID Convention, as well as all of Ecuador’s bilateral investment treaties
A new Micula-type case on the horizon?
The EC claimed intra-EU investment treaty arbitration is in breach of EU law. If the CJEU were to confirm the decision of the EC, the application of the ICSID Convention within the EU would be seriously endangered.
Consequences for Mexico after subscribing to the ICSID convention
Virtually all international investment disputes that are initiated against it may be subject to the conciliation and arbitration rules established in the Convention.
Mexico signs the ICSID Convention
Mexico’s Secretary of the Economy signed theConvention on the Settlement of Investment Disputes between states and nationals of other states.
Spain meets the ICSID grand inquisitor: the Eiser case
The recent Eiser v. Spain ICSID award is yet another example of a state being condemned to pay a large monetary sum merely because an investor has been economically disadvantaged by a reasonable and necessary regulatory change.
Investment Treaty Arbitration: cost, duration and size of claims all show steady increase
Update to Allen & Overy 2012 study shows increases on all metrics but, importantly, tribunals taking more nuanced and rigorous approach to parties’ costs
Contrasting awards around Venezuela’s ICSID denunciation
In a series of recent awards, ICSID tribunals have adopted contrasting (and apparently irreconcilable) approaches to Venezuela’s denunciation of the ICSID Convention.
Ecuador’s ordeal: is international jurisdiction a journey with no return? (part I)
This first part begins with a review of the law governing entering and denouncing the ICSID Convention, as well as of an important debate on the effects of withdrawing from it.
ICSID tribunal throws new light on the status of State-owned enterprises under the ICSID Convention
This article will focus on SOEs acting as claimants with a brief contextual examination of their role as ‘respondents’ to support the conclusion that SOEs will always have standing as claimants under ICSID.
Bolivia’s step back in state arbitration
How far does the new Bolivian arbitration act go in its intent to keep State arbitration inside the country?
Politics of investment treaty arbitration
The paper outlines and contextualises the past and current political drivers and effects of investment treaty arbitration.
Is it time to redesign or terminate investor-state arbitration?
A clean break is needed to restore trust, but these stiff tests must be met.
Place of arbitration in the proposed “investment court” scenario: an overlooked issue?
The place of arbitration matters because the law at the place of arbitration determines the procedural frame for the arbitration and therefore may have important consequences.
Investment arbitration: a strange beast
The criticism of ‘double hat’ – arbitrator and counsel – is legitimate and needs to be addressed.
Comment: Selling the proposal for a multilateral investment court to the world
In reality, the EU’s plans are not realistic in the current international context, nor will they appease ISDS critics
Iran’s accession to ICSID: What to expect?
Joining the ICSID will enhance international perceptions of Iran as a welcoming country to invest.
Launch of the Singapore International Arbitration Centre (SIAC) Investment Arbitration Rules 2017
The Singapore International Arbitration Centre launched its Investment Arbitration Rules 2017, potentially marking a new chapter in the institutional administration of investor-State arbitration proceedings.
Venezuelan assesses ICSID’s decision over Tenaris-Talta case
The Venezuelan Solicitor General’s Office (PGR) said that a request has been analyzed to overturn the arbitrary award issued by the International Center for Settlement of Investment Disputes (Icsid)