Luke Eric Peterson

In the latest twist in the ongoing war between foreign investors and the Republic of Argentina, a panel at the International centre for Settlement of Investment Disputes (ICSID) has lifted a stay on…

Following on from Patrick Dumberry's post, I wanted to offer some information on another pending investor-state dispute where a version of the persistent objector argument has arisen. There is an…

After several months of increasingly angry political rhetoric, and a formal green-light from the country’s Legislature, Ecuadorian President Rafael Correa has made his country the second state to…

Over on the always-interesting International Economic Law and Policy Blog, Simon Lester has been musing about the recent controversy over internet-filtering software in China. As has been widely…

At first glance, the Alien Torts Statute (ATS) doesn't have a lot to do with arbitration - which may explain why Roger Alford wrote about it over on Opinio Juris, rather than here. (The ATS permits…

In recent months, there have been a steady barrage of media reports about so-called “land grabs”. Many believe that we are seeing a new “Scramble for Africa”, as food-scarce countries and private…

“A systemic underestimation of the risks associated with bilateral investment treaties”. That’s how Alvaro Galindo put it. Dr. Galindo, is the Ecuadorian lawyer charged with coordinating that country…

In a post last month, I offered a few thoughts on the future of moral damages in investment treaty arbitration. One arbitration where I thought we might see an award of moral damages is a case…

In a post last month, I queried whether not-for-profit organizations could use bilateral investment treaties to challenge abusive treatment by host states. My guess (and that of a colleague with whom…