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…
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…
Recent amendments to the United Nations (“UN”) Model Tax Convention aim at banning the use of investor-State dispute settlement (“ISDS”) provisions for disputing tax measures, thereby attempting to…
On February 26, 2025, the Tribunal in Honduras Próspera Inc., et al. v. Republic of Honduras rejected an unprecedented attempt to dismiss investment treaty claims for failure to exhaust local…
On Day 3 of the 2025 Paris Arbitration Week ("PAW"), Nyenrode University organized a comprehensive conference, hosted by Linklaters Paris, examining the future of investment arbitration in the five…
As the world races toward a greener future, demand for critical materials is surging. In this high-stakes hunt for resources, the deep seabed beyond national jurisdiction (the “Area”) is increasingly…
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…
