This post deals with the conceptual underpinnings and theoretical justification for the practice of counterclaims in investment arbitration. First, it is important to delineate this post from an…
Debates about the fragmentation of international law and the sometimes conflicting relationship between a state’s and investor’s obligations under international investment law (“IIL”), on the one…
Bilateral investment treaties depend upon international arbitration as the mechanism to resolve disputes between sovereign states and investors. Although offering obvious advantages over litigation…
Inconsistent decisions have long been a major criticism in investment arbitration. This does not only pertain to decisions on procedure, jurisdiction or merits but also to quantum issues. This…
On November 23, 2021, Ecuador’s Attorney General (“AG”), Iñigo Salvador Crespo announced the creation of a new institutional framework for handling disputes brought against the state and state…
In 2021, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From Mexico’s actions potentially triggering numerous treaty claims, to Colombia’s…
Earlier this week, the YSIAC Conference 2021 took place virtually for the first time since its inception. The opening webinar was a panel discussion titled “Resolving ESG Disputes Through…
The discussion within UNCITRAL Working Group III (WG III) on counterclaims has still remained, to a certain extent, deadlocked, as opposed to discussions on other topics under the table. As a result,…
Lion Mexico Consolidated v. Mexico represents the first positive finding of denial of justice in the history of NAFTA and one of the rearrest recent examples in investor-state arbitration.
On 20…
