The problem of the law applicable to State contracts (i.e. contracts concluded between a foreign national and a State or a state entity) as well as the responsibility of States for the breach of…
“Research is formalized curiosity…” – Z. Hurston
In what follows I have tried to gather information from publicly available sources regarding some of the questions which have troubled my mind lately…
In August 2011, the tribunal in Abaclat and others v Argentina decided (by a majority) that it had jurisdiction over claims brought by approximately 60,000 Italian investors, and that the claims were…
The decision handed down by the High Court of Australia, just weeks ago, regarding Australia’s plain packaging legislation is just the beginning of what is destined to be a long battle. And a battle…
The saga with Yukos Oil and its nationalization – and the effects on its various related entities – has been ongoing for quite some time. As reported in the news of late (see e.g. Business Wire.com…
With the entry into force of the Lisbon Treaty on 1 December 2009, control of foreign direct investment became an exclusive area of EU competence, or such is the view of the European Commission, a…
Investment treaty provisions that allow joint decisions by States Parties to override or control arbitral tribunals’ interpretations of investment treaty standards scarcely appear in international…
I have just published an article in the Utah Law Review that I wanted to flag for our readers. For the international arbitration community the article is relevant because it compares and contrasts…
After a review process that lasted three years, expectations ran high for the revised model U.S. bilateral investment treaty (“BIT”), which was released last month. Stakeholders from many parts of…
