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Michaela Brett Samuel Halpern
The Great Battle of Intellectual Property versus State Sovereignty: Is Philip Morris v Uruguay a Good Referee? (Part I)
June 29, 2018

The constructive framework of ISDS was intended to promote investment and growth through the establishment of a stable and predictable atmosphere for investment. However, some have argued that this…

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Cherine Foty  (Covington & Burling LLP)
U.S. Supreme Court Holds That Individualized Employer-Employee Arbitration Agreements Must Be Enforced As Written
June 29, 2018

On May 21st, 2018, the Supreme Court of the United States in Epic Systems Corp. v. Lewis (“Epic Systems”) held in a 5-4 majority that one-on-one mandatory arbitration agreements imposed by employers…

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Edmund Bao  (King & Wood Mallesons)
Corruption as a ‘Sword’ in Investor State Arbitrations
June 28, 2018

That investor state tribunals may deal with allegations of corruption in ISDS disputes is well acknowledged. The seminal World Duty Free  decision involved the payment (in a briefcase) of USD$2…

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Stephanie Tang  (Linklaters)
HKIAC’s New Belt and Road Programme: Does More Need to be Done?
June 27, 2018

On 26 April 2018, HKIAC announced its new “Belt and Road Programme” which consists of an industry-focussed Belt and Road Advisory Committee and an online resource platform dedicated to Belt and Road…

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Ylli Dautaj  (Durham Law School) , Bruno Gustafsson  (Roschier Attorneys, Ltd.)
The Binding Nature of Provisional “Recommendations” in ICSID Arbitration
June 27, 2018

Introduction Pursuant to Article 47 of the ICSID Convention, an ICSID Tribunal may “recommend any provisional measures which should be taken to preserve the rights of either party”. The use of “…

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Patrick Fox  (Three Crowns LLP) , Alexey Vyalkov
Customary International Law Claims in Contract-based Arbitration
June 26, 2018

Without the rights and protections of a treaty, a foreign investor who suffers a wrongful act at the hands of a host State traditionally has no legal standing to pursue an international claim against…

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Guillaume Croisant  (Linklaters)
The Belgian Government unveils its plan for the Brussels International Business Court (BIBC)
June 25, 2018

Background In October 2017, in the wake of Brexit, Belgium was one of the first European jurisdictions to announce its intention to set up a specialised English-speaking court with jurisdiction over…

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Florian Stefan  (Vavrovsky Heine Marth)
Brace for Impact? Examining the reach of Achmea v Slovakia
June 24, 2018

Over the past two months, the judgment by the Court of Justice of the European Union (“CJEU”) in Slovak Republic v Achmea BV, hereinafter referred to as “Achmea”, has created much discussion among…

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Michel Nassar
Arbitration under the Lebanese Public Private Partnership Law
June 23, 2018

On 9 September 2017, Lebanon passed Law No. 48 “Regulating Public Private Partnerships” (“PPP Law”) ahead of the CEDRE Conference (acronym in French for “Economic Conference for Development, through…

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Nikita Kondrashov  (Luther Rechtsanwaltsgesellschaft mbH)
New Challenges to the Territorial Requirements of Investment Treaties: Can Social Platforms Be Protected?
June 22, 2018

The explosive development of IT companies offering social platforms (social networking and instant messaging applications) over the past years has gifted us with many tools that we now use on a daily…

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