The high costs of international arbitration create a playing field where financial strength often determines the outcome rather than legal merit. For claimants facing well-funded corporations or…
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…
Environmental, Social and Governance (“ESG”) considerations have evolved from idealistic frameworks into binding legal, financial and reputational imperatives and responsibilities. Increasingly,…
The recent award in Ahron G. Frenkel v. Republic of Croatia has already succeeded in dividing the very tribunal that rendered it—never an encouraging omen. It is unlikely to cease causing a stir in…
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 United States-Colombia Trade Promotion Agreement (“TPA”), in force since 15 May 2012, has been interpreted through a 15 January 2025 decision (Decision No. 9) issued by the Free Trade Commission…
In investment arbitration, it is widely recognized that to benefit from the protection of an investment treaty, the investment must be legal. Tribunals assess this legality either because the treaty…
One could be forgiven for thinking that teaching international economic law in the United States (“U.S.”) is challenging these days. The U.S. has disabled the World Trade Organization's (“WTO”)…
Country Equity Risk Premium (CERP) represents the additional return equity investors require to compensate for the heightened risks of investing in a particular country. These risks may arise from…
