On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration ("PCA") designated an appointing authority in an OIC arbitration by applying the UNCITRAL Arbitration Rules, despite the…
The year of the pig was off to a good start in Hong Kong at the Investor-State Dispute Settlement (ISDS) Reform Conference organised by the Hong Kong Department of Justice and the Asian Academy of…
At the heart of the debate surrounding Investor-State Dispute Settlement (ISDS) Reform is UNCITRAL Working Group (WG) III. Until two years ago, WG III was dedicated to discussing issues surrounding…
In recent years, a number of arbitral tribunals adjudicating treaty-based investment disputes have been confronted with the question of what to do when the state party to such a dispute alleges that…
In 2013, China proposed to jointly build the “Belt and Road” Initiative. While the international investment agreements ("IIAs") proposed to be concluded with China and its counterparties along the …
Introduction
The assessment of human rights within an investment arbitration framework, typical for the investor-state dispute resolution (ISDS) mechanism, is one of the topics which has gained…
The 8th edition of the Herbert Smith Freehills – SMU Asian Arbitration Lecture, jointly organised with the Centre for Cross-border Commercial Law at the Singapore Management University, took place on…
The last decade has seen multiparty arbitration emerge as a contentious issue in investment treaty arbitration. Beginning with Abaclat v Argentina, investment tribunals have grappled with whether…
In the recently published award in Georg Gavrilovic and Gavrilovic d.o.o. v. Republic of Croatia (ICSID Case No. ARB/12/39) the tribunal considered whether the notion of attribution extends to the…
