by Andrii Hubai* The recent rise of third-party funding in international arbitration has opened a completely new dimension for arbitration itself. An opportunity of funding the parties of the process became a big deal breaker in many aspects that are visible at a first glance and those hidden behind the privacy clauses of funding agreements.… Read More Coming out of the Closet: Third-Party Funding in International Arbitration
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
Abhishek Dwivedi, Advocate – Bombay High Court Singapore International Arbitration Centre (SIAC) has published its first edition of the rules applicable to Investment Arbitrations (IA Rules) conducted under its aegis. These IA Rules were published on 1st January 2017 and have been drafted with specific requirements of investment arbitration in mind. While many institutions such… Read More The SIAC Investment Arbitration Rules are Here. And they look Good.
Dr. Nikos Lavranos, Secretary-General of EFILA, will give a Master Class on Investment Arbitration for the Brussels Diplomatic Academy and AIA on Monday, 19 September 2016 in Brussels. This Master Class is part of the closer cooperation agreed between EFILA and the AIA. See here for the programme and registration: Master Class: Investment Arbitration The Brussels… Read More BDA & AIA: Master Class on Investment Arbitration: Brussels, 19-22 September 2016
by Duarte G. Henriques, BCH Advocados* During a meeting on the occasion of the last ICCA Congress in Mauritius, someone asked whether a Third Party Funding is considered an “investment” for the purposes of protection afforded by international investment agreements (“IIAs”) and investor state dispute settlement (“ISDS”). Contrary to my first reaction—“no, TPF is not protected”—the… Read More Is Third Party Funding a Relevant “Investment” for the Purposes of a IIA Protection?
Nikoletta Kallasidou and Michal Mojto, AIA, Brussels The Arbitration for International Arbitration (AIA), EFILA and the CIArb jointly organised a well-attended event at the VUB University in Brussels on the 27th of May, bringing two panels of experts to discuss recent developments on EU-related arbitration. Contentious issues such as the Brussels I Bis Regulation, the… Read More Report on the AIA, EFILA and CIArb Event: Updates on EU Law Related Arbitration: A Selection of New, Controversial and Hot Topics
by Prof. Georges Affaki* Many readers of this Blog spent the summer watching the brinkmanship of the Greek national debt third bailout unfold. Few were aware that part of that debt was being bitterly fought in fora other than the European Commission or the Greek Parliament: investment arbitral tribunals. This article reflects on the future… Read More The Greek Sovereign Debt Rescheduling, EU Bail-In and Investment Arbitration
by Mirjam van de Hel-Koedoot, NautaDutilh* On 16 September 2015, the European Commission published a draft text for the investment chapter in the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US. In the Proposal, the European Commission specifically mentions that the Proposal is an internal document of the EU… Read More The Proposed New Investment Court System for TTIP: The Right Way Forward?
by Chris Wilford, Chartered Institute of Arbitrators* The current highly politicised debate surrounding the inclusion of investor-to-state dispute settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP), which allows investors to bring claims against a State before an international arbitral tribunal, has brought arbitration into the spotlight. While ISDS is a special form of… Read More Protecting International Commercial Arbitration in Europe