Investment Arbitration

Tribunals in investment arbitrations currently impose a fairly consistent set of restrictions to the submissions of amici curiae in proceedings before them, such as short page limits, no access to…

In a post last month, I offered a few thoughts on the future of moral damages in investment treaty arbitration. One arbitration where I thought we might see an award of moral damages is a case…

ICSID arbitration proceedings against Germany (Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG v. Federal Republic of Germany - ICSID On April 17, 2009, the government…

In a post last month, I queried whether not-for-profit organizations could use bilateral investment treaties to challenge abusive treatment by host states. My guess (and that of a colleague with whom…

In the early 1990's, then World Bank Senior Vice President and General Counsel, Ibrahim Shihata, and then ICSID Legal Advisor, Antonio Parra, observed that there "was hardly any case law" on the full…

One of the more intriguing investment arbitration decisions rendered in 2008 has to be the final award in Desert Line Properties (DLP) v. Yemen. In their February 2008 award, a tribunal of three…

What could be more basic? Arbitrations begin with each side naming an arbitrator. References are occasionally made to "the fundamental right" to name one's arbitrator. But there is no such right. …

American Bar Association's International Law Section Criticizes the ABA Dispute Resolution Section's Subcommittee Draft on Arbitrator Disclosure Guidelines It has been interesting to watch the strong…

In recent weeks, there has been widespread condemnation of the Sudanese government’s decision to expel 13 international aid agencies operating in Darfur. The expulsions came, of course, as…