Under sec 1 of the RF Law on International Commercial Arbitration 5338-1 of 07.07.1993, disputes arising from civil, including corporate, relationships may be referred to international commercial…
While everyone has been watching with fascination the ups and downs of the Greek crisis, colleagues have been busy in the background trying to unravel some core components of the Greek Bailouts. The…
Co-authored with Maria Laura Marceddu, Italian Association for Arbitration (AIA)
The Public Consultations launched by the European Commission in March 2014, and the European Parliament’s…
Part I of this article analyzed the three jurisdictional requirements under the ICSID Convention for submission of counterclaims. Now we turn to three investor-State tribunal decisions decided within…
In the last two years, three tribunals have enriched the investor-state dispute jurisprudence on counterclaims. Metal-Tech v. Uzbekistan (ICSID Case No. ARB/10/3, Award, 4 October 2013), Al-Warraq v…
It is not unusual that a foreign investor is put in a situation where the investment has not been infringed yet and no damage has been caused, but an infringement is very likely to happen. The…
It comes as no surprise to those familiar with investment treaty law to see the concept of legitimate expectations continuously refined by case law. One of the facets of legitimate expectations,…
In recent years, Russia has become a frequent respondent in investment treaty matters. This is a new development. There are currently at least ten treaty claims pending against Russia, with a number…
Treaty shopping, also called corporate (re-)structuring, is most often associated with legal persons, in particular mailbox companies. Much discussed in this respect is the practice of “round…
