Investment Arbitration

The “contribution of assets” requirement of the Salini test was often overlooked by commentators and tribunals, probably due to its “I-know-it-when-I-see-it” nature. The recent award in KT Asia…

Investment arbitration under investment treaties between EU member states is a hot topic, in particular given the EU Commission's strong views on the subject: As previously discussed here, the…

and Rapolas Kasparavičius, LAWIN An abundant number of agreements have been and will be concluded between states and investors operating under the bilateral investment regime and even a larger number…

and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013) recently stated with regard to bifurcation of proceedings…

Negotiations to establish a Trans-Pacific Partnership (TPP) agreement have been active and ambitious. Following 18 negotiating rounds since 2010, TPP talks now include 12 States, representing nearly…

Because international investment law so often involves the application of treaties, the Vienna Convention on the Law of Treaties plays a key role in structuring its application. Of particular…

On 11 July 2013, the United Nations Commission on International Trade Law ("UNCITRAL") adopted new Rules on Transparency in Treaty-based Investor-State Arbitration (the "Transparency Rules"), which…

Readers of this blog may be interested to know of an opportunity to participate in the creation of a forthcoming special issue of Transnational Dispute Management (TDM), entitled "Reform of Investor…

Getting over the skepticism.  Since the International Bar Association adopted its Rules for Investor-State Mediation last October, there has been an uptick in discussions regarding the topic,…