This post is concerned with the potential comparison between the fair and equitable ("FET") standard and the rule against abuse of rights (“AR”), as regulated under municipal private law systems …
In a recent book and a report published by the OECD (“Expert contribution Prof Dumberry: Cost of inaction – arbitral practice in respect on FET”, Track 2 program, “Future of Investment Treaties”), I…
Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers…
Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding…
When it comes to consent to the jurisdiction of international courts and tribunals, its understanding and interpretation raise a fundamental question – do we really know what it means? In this blog…
The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy…
Since 2006, the Bolivian State adopted a policy of “recovery” of resources and entities that were considered as ‘strategic’ by the State. Multiple investment arbitration proceedings against Bolivia…
On 29 June 2022, an ICSID Tribunal composed of Alexis Mourre, Luis González García and Adolfo Jiménez issued its Final Award in the case brought by Alejandro Diego Díaz Gaspar, a Spanish national,…
The Spanish Cases Saga illustrates the arduous task of balancing the host state’s right to regulate and an investor’s economic interests. This post summarizes the tribunal’s reasoning in Novenergia v…
