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Athina Fouchard Papaefstratiou  (Independent Arbitrator)
Crimea as Russian Territory for the Purposes of the Russia-Ukraine BIT: Consent v. International Law?
February 05, 2023

The year 2022 saw French and Dutch courts upholding arbitration awards which condemned Russia for breaches of the 1998 BIT between Russia and Ukraine (“Russia-Ukraine BIT”) through actions in the…

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Dina Prokic  (Woods LLP) , Omar El Baba  (Woods LLP)
2022 Year in Review: Commercial Arbitration in Canada
February 04, 2023

In 2022, Canadian courts revisited some old issues, like the timeframe for recognizing foreign arbitral awards, but also faced new dilemmas, such as the impact of sanctions on recognition and…

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Omar El Baba  (Woods LLP) , Dina Prokic  (Woods LLP)
2022 Year in Review: Canada and Investor-State Dispute Settlement
February 04, 2023

The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will have many more…

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Manuela Grosu , Zoltán Ferenczik  (KPMG Legal Tóásó Law Firm)
Joining the Positive Trend: Lessons from Hungary on Pathological Arbitration Clauses
February 03, 2023

A recent international arbitration case administered by the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI Arbitration Court”) demonstrated that Hungary…

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Mark Konstantinidis  (King’s College London)
The EU-Chile Advanced Framework Agreement, ISDS, and the Big Bad Dilemma
February 02, 2023

The European Commission has published the Trade and Investment pillar of the Advanced Framework Agreement between the European Union (EU) and Chile (the Agreement), as politically concluded. This…

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Vasuda Sinha  (Freshfields Bruckhaus Deringer)
Peace River Hydro Partners v Petrowest: Are Insolvency and Arbitration at a Crossroads in the Canadian Context?
February 01, 2023

On November 10, 2022, the Supreme Court of Canada issued its decision in Peace River v Petrowest. Insolvency and arbitration practitioners alike eagerly anticipated the decision, hoping it would…

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Nicholas J. Diamond  (Georgetown Law) , Kabir A.N. Duggal  (Columbia Law School)
2022 Year in Review: Widening the Human Rights Aperture for ISDS
February 01, 2023

This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (…

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Emilia Onyema  (SOAS, University of London)
Global Perspectives on Teaching International Investment Arbitration: Teaching International Investment Law and Arbitration at SOAS University of London
January 31, 2023

The School of Law at SOAS University of London is unique among Law Schools in London. We have a distinct ‘Southern’ perspective in our course content, and we take a socio-legal dimension in our…

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Éamonn Conlon  (Éamonn Conlon SC Arbitration & ADR)
Supreme Court Blocks Ireland Ratifying CETA
January 30, 2023

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…

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Maria José Alarcon
2022 in Review: Institutional and Structural ISDS Reforms
January 29, 2023

2022 was strongly marked by the change and reform of institutions, treaties, and procedural rules relevant to investor-State dispute settlement (ISDS). This post summarizes the most important…

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