By Lili Feher[1] and Sebastian Lukic[2] Introduction In December 2022, the General Court of the EU rendered a set of judgments rejecting claims initiated by Latvian bank PNB Banka for the annulment of prudential measures imposed against it by the European Central Bank (ECB) (see T-275/19, T-301/19, T-330/19 and T-230/20). The cases had attracted attention considering the larger context … Continue reading Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia
Tag: ICSID
RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE
(Russian Proverb) Izabella Prusskaya, Associate, CAREY OLSEN (BVI) L.P. “Africa needs more Russian foreign direct investments to enhance the current Africa-Russian trade ties” Albert M. Muchanga, Commissioner for Trade and Industry of the African Union, during the St. Petersburg International Economic Forum 2018, "Business Dialogue: Russia-Africa" A changing landscape: industry focus and the nature of … Continue reading RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE
Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration
By Sumit Chatterjee (National Law School of India University, Bangalore) An ICSID Committee, chaired by Ricardo Ramirez-Hernandez, recently annulled an arbitral award rendered in favour of a solar power investor in the case of Eiser Infrastructre Ltd. v Republic of Spain. [1] The primary ground on which the award was annulled was the undisclosed relationship … Continue reading Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration
Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes
By Suksham Chauhan, International Arbitration Trainee, Quinn Emanuel Urquhart & Sullivan, Paris Young ISDS Club for the second time provided a great platform for a very engaging and interesting discussion on 8 June 2020. The Young ISDS Club remained steadfast to its core value of open discussion. It was a most candid discussion where participants … Continue reading Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes
A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
Priya Garg* A plethora of cases have been filed before investment tribunals regarding the issue of interaction or conflict between human rights obligations of investor or State and his or its, as the case may be, duties under international investment law (hereinafter, IIL).[1] The recent case of Urbaser v. Argentina only joins this already long … Continue reading A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
Arbitration in Iran: With Focus on International Commercial Arbitration (Part III)
Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 and Part 2 of this post here and here) Iran’s Bilateral Investment Treaties (BITs) Iran has signed more than 100 BITs (More than 50 of which are in force) with capital-exporting and neighboring countries for the reciprocal promotion and protection of foreign investment in Iran. The purpose behind these … Continue reading Arbitration in Iran: With Focus on International Commercial Arbitration (Part III)
Iran’s Accession to ICSID: What to Expect?
by Shiva Ghahremani (Konrad & Partners), Amirhossein Tanhaei (CMS) The signing of the Joint Comprehensive Plan of Action (JCPOA) in July 2015 and subsequently the lifting of the sanctions imposed on Iran, reintroduced the Iranian economy to the international trade and investment, leading Iran to return to the commercial mainstream. Just a few days ago, Tehran signed … Continue reading Iran’s Accession to ICSID: What to Expect?
India’s Federalism and Investment Arbitration
by Sarthak Malhotra* A key area of exposition both in Public International Law and Investment Arbitration is what constitutes an ‘act of state’. The Draft Articles on State Responsibility have been a ground-breaking work in codifying the rules of attribution of responsibility to the states. A related issue in this regard is the attribution of liability … Continue reading India’s Federalism and Investment Arbitration
The Helping Hand of the MFN for the Intra-EU Bilateral Investment Treaties
Rimantas Daujotas, Motieka & Audzevicius PLP* As it was recently announced, Slovakia has succeeded in referring the legality of intra-EU bilateral investment treaties to the European Court of Justice, as part of its bid to stop Dutch insurer Achmea from enforcing a €22 million UNCITRAL award. In a decision on 3 March 2016, Germany's Federal Court … Continue reading The Helping Hand of the MFN for the Intra-EU Bilateral Investment Treaties
ICSID Complaint as Alternative to Supplemental Filing
by Zoltán S. Novák, TaylorWessing We are used to thinking of international investment arbitration as a remedy against unlawful nationalization, expropriation, and other high-profile state acts depriving a foreign investor of his or her investment. It is pretty rare that the unfair treatment the investor complains about is limited to a simple court order requesting … Continue reading ICSID Complaint as Alternative to Supplemental Filing