by Prof. Nikos Lavranos, Secretary-General of EFILA On the instigation of the EU, the UNCITRAL Commission adopted a broad mandate for a Working Group to: identify and consider concerns regarding ISDS; consider whether reforms are desirable in light of the identified concerns; if the Working Group were to conclude that reform is desirable, to… Read More The first steps towards a Multilateral Investment Court (MIC)
Amr Arafa Hasaan, LL.M.* Egypt has suffered massively in economic terms since the onset of the Arab Spring in 2011. Since then, there have been continuous endeavors to mitigate the loss, for instance, by holding the economic forum at Sharm El-sheikh in 2015, and concluding amendments to the investment law pending the same… Read More Arbitration Under the New Egyptian Investment Law: A Sanguine Crusade, or a Mirage Station
by Clifford J. Hendel, Araoz & Rueda Abogados The following updates the author’s entry September 2015 in this blog entitled “Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain.” In recent years, some 30 cases have been filed — under SCC, UNCITRAL and (principally) ICSID rules — alleging that Spain… Read More Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?
José María de la Jara* and Eduardo Iñiguez* In 1989, high-profile executives from Dubai met with Daniel Arap Moi, former President of Kenya, to seek his approval for the construction of duty free complexes at the Nairobi and Mombasa International Airports. At the beginning of the meeting, an executive from the investor, World Duty… Read More The Case Against the Corruption Defense
by Sujoy Sur While allowing investors the right to directly bring a claim against the States has said to be the single most progressive development in International Law in the 20th century, they also have gained recognition as ‘subjects’ of international law. It is this recognition which puts a corollary duty on the investor to regard… Read More Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations
Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 of this post here) Part two – Article 139 of Iranian Constitutional Law, a fundamental challenge in arbitrability In case the national law of the place of arbitration or the law of the state where award enforcement is being sought imposes a restriction on referring… Read More Arbitration in Iran: With Focus on International Commercial Arbitration (Part II)
by Dr. Dominic Beckers-Schwarz, Lawyer, Paris On 7 March 2017, one day after the OECD Global Forum on International Investment, over one hundred stakeholders from businesses, trade unions, academics and OECD member states gathered for the one-day “3rd OECD Annual Conference on Investment Treaties”. The conference addressed issues concerning “evaluating and enhancing outcomes of… Read More What’s the value of investment treaties?