By a 4-3 majority, the Irish Supreme Court held in Costello v Government of Ireland that the Constitution precludes Irish ratification of the Comprehensive Economic and Trade Agreement (CETA) between…
2022 was a year of change and action with important developments in investment arbitration in Latin America. The region continues to top the ICSID investment arbitration caseload, accounting for 28…
East and Central Asia made further strides to promote arbitration, including through legislative reforms and enhancement of judicial assistance, as well as the accession, ratification, and creation…
A seminar on 10 November 2023 during Australian Arbitration Week discussed “Australia’s engagement in the Investor-State Dispute Settlement (ISDS) reform process”. My presentation divided successive…
The author presented on this topic at the ACICA/CIArb Future Frontiers Conference, held in Melbourne, Australia on 7 November 2022 during Australian Arbitration Week. This piece elaborates on the…
After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a "Convención Constituyente". After a year of work, on July 4, 2022, the final…
In 2017, the United Nations Commission on International Trade Law (UNCITRAL) initiated a consultative process to consider procedural reform options for investor-State dispute settlement (ISDS)…
The investor-State dispute settlement system (ISDS) is increasingly confronted with disputes related to climate-related measures. Consequently, this fora has been described as the new frontier in…
As he embarks on the second half of his term, Mexico’s President, Andres Manuel López Obrador (known as “AMLO”), continues to fight foreign investors in a myriad of sectors. By now it is clear that…
