The last quarter of 2023 was as eventful as the rest of the year which has witnessed the “meltdown” of the Energy Charter Treaty, the adoption of the Code of Conduct for Arbitrators and the reform of the arbitration acts by the UK, Japan, Nigeria, and Luxembourg. From the Australian and UK courts granting enforcement… Read More Quarterly Review: October – December 2023
While we slowly approach summer holidays, it is now time for a new quarterly review. In this QR, we summarised the main developments in the field of ISDS and EU law divided by topic, instead of by months. Paragraph I. provides an update on the latest news on the modernisation of the ECT and the… Read More Quarterly Review: April – June 2023
by Ioana Maria Bratu[1] Context States’ failure to meet the 2015 Paris Agreement targets has already had substantial impacts on the world of arbitration, including national courts imposing CO2 levels reduction on big oil companies, NGOs becoming much more involved in climate change disputes (see here para. 3.5), and recently culminating with Belgium, France, Spain… Read More CSR in Investment Arbitration: The long way ahead
By Yosuke Iwasaki (Sidley Austin LLP) and Takashi Yokoyama (Tenzer Arrieta PLLC)[1] While Japan has signed 36[2] bilateral investment treaties (“BITs”) with predominantly capital importing countries, historically the Japanese government’s investment treaty policy has been veiled in secrecy. While some countries, such as the United States and India, have officially published their own model BITs,… Read More Unveiling Japan’s Modern BIT Policy: A Review of its Substantive Provisions
(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… Read More RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE
Prof. Nikos Lavranos & Prof. Loukas Mistelis (Co-Editors in Chief) We are very pleased and proud to present the fifth issue of the European Investment Law and Arbitration Review (EILA Rev) 2020. As of 23 December 2020, all articles of this volume can be ordered online at Brill Publishers: The stormy developments of the past… Read More The Contents of the European Investment Law and Arbitration Review, Vol. 5 (2020)
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… Read More Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration
Prof. Dr. Alexander Reuter * The ECJ’s Achmea and CETA rulings [1]; as well as the entire debate conducted on the issue so far, disregard one legal factor, that is, the binding legal effect of investors’ rights under investment treaties. That factor is, however, at the heart of the matter and decisive. Under EU procedural… Read More Taking Investors’ Rights Seriously: The Achmea and CETA Rulings of the European Court of Justice do Not Bar Intra-EU Investment Arbitration
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… Read More Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes
I was invited by Alexander Leventhal (Quinn Emanuel Urquhart & Sullivan) to participate in a webinar conducted by Young ISDS Club on 26 May 2020. Knowing Alexander’s undefined love for discussions on all things in investment arbitration, I was certain that the webinar would be intellectually stimulating. However, to my immediate surprise, it was not like the typical webinar where one could simply sit back and absorb the information. To the contrary, the webinar was interactive and made me think on my feet.… Read More Young ISDS Club – Corona pandemic investment disputes
Vishesh Sharma* and Vishakha Choudhary** Uniform jurisprudence concerning state counterclaims in investment arbitration remains elusive. Ordinarily, the conditions for their presentation are twofold[1]: parties should have consented to arbitration of counterclaims, and the counterclaims should be connected to the primary claim. However, tribunals have oscillated between strict application[2] of these criteria, to extreme dilution based… Read More Do New-Age International Investment Agreements Introduce a Method to the Madness of State Counterclaims in Investment Arbitration?
The new 2018 Dutch Model BIT text: An evolution or revolution? An event organised by the DAA Investment Arbitration Committee Date: Tuesday 21 May 2019 Location: DLA Piper, Amstelveenseweg 638, Amsterdam In October 2018, the Dutch Government approved a new Dutch Model BIT text, which replaces the 2004 text. The 2018 text has been developed on the basis of… Read More DAA Investment Arbitration Committee Meeting 2019