Investment Arbitration

On May 4, 2009, the Obama administration proposed far-reaching measures designed to curb the tax benefits enjoyed by U.S.-based multinational corporations with offshore operations. Based on 2004…

Conference: Fifty Years of Bilateral Investment Treaties December 1-3, 2009, Frankfurt Fifty years ago, Germany and the Islamic Republic of Pakistan concluded the first ever bilateral investment…

At first glance, the Alien Torts Statute (ATS) doesn't have a lot to do with arbitration - which may explain why Roger Alford wrote about it over on Opinio Juris, rather than here. (The ATS permits…

How should tribunals apply investment treaties to measures adopted during times of crisis? Recognizing crisis as the point at which foreign investors become most vulnerable (and therefore require the…

In recent months, there have been a steady barrage of media reports about so-called “land grabs”. Many believe that we are seeing a new “Scramble for Africa”, as food-scarce countries and private…

“A systemic underestimation of the risks associated with bilateral investment treaties”. That’s how Alvaro Galindo put it. Dr. Galindo, is the Ecuadorian lawyer charged with coordinating that country…

When does a most-favoured-nation (MFN) treatment clause in an investment treaty confer jurisdiction on an investor-state arbitration tribunal? Most readers will be aware that in a series of…

We at Kluwer Arbitration blog are most pleased to welcome Andrew Newcombe as our newest contributor. Andrew teaches commercial, international economic and arbitration law at the Faculty of Law,…

Germany has introduced an amendment to its Foreign Trade and Payments Act. It is a direct response to increased activities and acquisitions by sovereign wealth funds (SWFs), as they are often…