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 …
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 …
2024 appeared to be one of the busiest years for investor-State dispute settlement (“ISDS”) reform, with significant advances in the United Nations Commission on Trade Law (“UNCITRAL”) Working Group…
Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady…
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…
On 13 September 2024, the German Constitutional Court (Bundesverfassungsgericht, “BVG” or “the Court”) published two judgments dated 23 July 2024 (available here and here, both in German),…
On 23 September 2024, the third ITA Roundtable at an UNCITRAL Working Group III (“UNCITRAL WG III”) session took place at the offices of KNOETZL. Anna Joubin-Bret, Secretary of UNCITRAL, and Jurgita…
On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case…
On March 6, 2018, the Court of Justice of the European Union ("CJEU") delivered its (in)famous Achmea judgment (Case C-284/16), which subsequently became synonymous with the demise of investor-state…
