The future of Investor-State Dispute Settlement (“ISDS”) was a key topic of discussion at several events during London International Disputes Week (“LIDW”). Two panels, in particular, explored how…
Balancing the concurrent rights of sovereign states to regulate in their interest and of foreign investors to be afforded certain standards of protection when investing in a foreign jurisdiction…
In a recent decision (the "Decision"), the Amsterdam Court of Appeal (Gerechtshof Amsterdam) (the "Court") ordered the claimant in an UNCITRAL arbitration brought against Poland under an intra-EU…
The takeover of the Chinese-owned British Steel Limited by the UK Government under the Steel Industry (Special Measures) Act 2015 can lead to the submission of a dispute to investment treaty…
Dealing with parallel arbitrations can be very difficult, as it is caught between two conflicting constraints: on the one hand, the need to avoid any denial of justice and, on the other hand, the…
2024 witnessed significant developments concerning the Energy Charter Treaty (“ECT”), ranging from a new wave of withdrawals to the adoption of the modernised ECT in December. This post reviews the…
This is the sixth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year …
The Patel Engineering Limited (“PEL”) v the Republic of Mozambique tribunal, constituted under the UNCITRAL Arbitration Rules, dealt with pre-investment expenditures and whether such expenditures…
Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European…
