Investor-State arbitration

145 articles available

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”)…

On 6 February 2024, the Chartered Institute of Arbitrators (CiArb) European Branch/French Chapter held a seminar at the Paris office of Bird & Bird moderated by Jalal El Ahdab (Bird&Bird) and…

On 24 April 2024, the European Parliament voted for the EU to withdraw from the Energy Charter Treaty (“ECT”). Three days earlier, Ecuador had voted to keep the country’s constitutional ban on…

For several years, the uncertainty of the (un)clean hands principle has been subject to debate due to the diverse approaches taken by arbitral tribunals. However, in September 2023, the tribunal in…

On the 22nd of December 2023, an ICSID tribunal rendered its award in the case of Peteris Pildegovics and Sia North Star v. Kingdom of Norway. The case is of particular interest insofar as it focuses…

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States' Bilateral Investment Treaties ("BITs") with Third…

Introduction  On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version…

When the USMCA entered into force on 1 July 2020, the general view was that the agreement would limit the ability of investors to file investment arbitration claims because the new rules offered…