Investment Arbitration

Mark Feldman (Peking University School of Transnational Law) for Institute for Transnational Arbitration (ITA)

December 9, 2016

Investment obligations and investor-State arbitration provisions normally have been negotiated under bilateral investment treaties (BITs), or, more recently, in the larger context of free trade…

Inna Uchkunova (International Moot Court Competition Association (IMCCA))

The Requirement Of "Effective Seat" in CEAC Holdings Limited v. Montenegro: Are We Moving Towards a Double-Barreled Test for Protected "Investor"?

December 8, 2016

Co-authored with: Oleg Temnikov, Wolf Theiss Background In a recent award issued in the case of CEAC Holdings Limited v. Montenegro (ARB/14/8, Award, 26 July 2016) the arbitral tribunal had to decide…

Gary B. Born, Jonathan Lim, Dharshini Prasad (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale

Sanum v. Laos (Part II): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT

November 11, 2016

Part I of this two-part blog post summarized the recent judgment of the Singapore Court of Appeal (“SGCA” or the “Court”) in Sanum Investments Ltd. v Government of the Lao People’s Democratic…

Gary B. Born, Jonathan Lim, Dharshini Prasad (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale

Sanum v. Laos (Part I): The Singapore Court of Appeal Affirms Tribunal’s Jurisdiction under the PRC-Laos BIT

November 10, 2016

On 29 September 2016, the Singapore Court of Appeal (“SGCA” or the “Court”) released its much-anticipated judgment in Sanum Investments Ltd. v Government of the Lao People’s Democratic Republic (…

Catherine A. Rogers (Bocconi University) for Arbitrator Intelligence

The World Is Not Enough

November 6, 2016

If James Bond practiced law, it would be international arbitration. Don’t believe me? Just consider how many international arbitration cases could be great plots for a James Bond movie. Take, for…

Luke Nottage (University of Sydney & Williams Trade Law)

TPP and Foreign Investment: Does ISDS Promote FDI?

October 14, 2016

The Trans-Pacific Partnership free trade agreement, signed on 4 February 2016 among 12 Asia-Pacific economies, faces a rocky road to ratification. In the run-up to the US presidential election in…

Ezequiel Vetulli (Sagiance LLP), Emmanuel Kaufman (Knoetzl Haugeneder Netal Rechtsanwaelte GmbH)

Is Argentina looking for reconciliation with ISDS?

October 13, 2016

For more than a decade, Argentina has been living in a permanent crisis, which affected all sectors of the economy and turned out in an avalanche of investment cases, many of them under the ICSID…

Nahila Cortes (BakerHostetler)

Climate Change in Investor State Arbitration: Ideas on Application Ex Officio and Transnational Public Policy

September 30, 2016

Climate change is a serious threat to humankind. The sources of the problem are many, requiring a multidimensional approach to find practical and viable solutions. In the last several years,…

Esmé Shirlow (Australian National University)

UNCITRAL’s 2016 Notes on Organizing Arbitral Proceedings: Evolutions and Fragmentations in International Arbitration

September 7, 2016

On 7 July 2016, the UNCITRAL Commission adopted a revised and updated version of the UNCITRAL Notes on Organizing Arbitral Proceedings. The 2016 Notes replace a 1996 edition, and aim to flag…