In December 2015, I published an article examining whether there was a trend towards the elimination of umbrella clauses from investment agreements, be they bilateral, multilateral, or model…
by Patricio Grané and Brian Bombassaro
The year 2012 brought eight new investor-state arbitration decisions on umbrella clauses. Although tribunals in three of the disputes resolved claims without…
by Inna Uchkunova and Oleg Temnikov
Foreword
“The whole exercise was great fun and for me, I was then 26 years old, a great eye-opener - I learned a lot.”
- Sir Elihu Lauterpacht on his advice given…
The problem of the law applicable to State contracts (i.e. contracts concluded between a foreign national and a State or a state entity) as well as the responsibility of States for the breach of…
In a recent award that arguably represents a high-water mark for the operation of an umbrella clause in ICSID jurisprudence thus far, a tribunal comprising Stanimir A. Alexandrov (as President),…
