On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case…
Non-disputing Party submissions (“NDPs”) have been a prominent part of the U.S. investor-State dispute settlement (“ISDS”) practice over the last twenty-five years, with an uptick in the number of…
On February 13, 2024, a tribunal comprising of Alexis Mourre, Eduardo Siqueiros and Eduardo Zuleta Jaramillo rendered an award in the case of Latin American Regional Aviation Holding S. de S.R.L. v…
As part of the 2024 edition of the London International Disputes Week ("LIDW"), Reed Smith LLP hosted a panel on "Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae". The panel,…
On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some…
Although parts of CETA have been provisionally applied since 21 September 2017, the parts not subject to provisional application – including the investment chapter (CETA’s Chapter Eight) which covers…
On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the…
Following our previous post on dispute resolution in carbon markets, the ICSID Tribunal in Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada, ICSID Case No. ARB/20/52 (“Koch v. Canada”)…
Mongolia is a country rich in natural resources. Its estimated mineral wealth is $1-3 trillion, with coal, copper, and gold making up the primary reserves. Having been so well endowed by Mother Earth…
