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Stanley Nweke-Eze (Harvard Law School)
BIT between Morocco and Nigeria – A Bold Step in the Right Direction?
June 22, 2017

Introduction: In December 2016, Morocco and Nigeria signed the Reciprocal Investment Promotion and Protection Agreement (“Bilateral Investment Treaty” or “BIT”) – an agreement between two countries…

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Shigeki Obi (Permanent Court of Arbitration) for Young ICCA
Deposition in Japan for U.S.-based International Arbitration
June 21, 2017

I. Introduction A deposition is a “witness's sworn out-of-court testimony” (Legal Information Institute “Wex, Deposition”). In U.S.-based litigation, a deposition is available as part of the…

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Raul Pereira Fleury (FERRERE Abogados)
Eiser Infrastructure v. Spain: Could the tide be turning in favor of photovoltaic foreign investors in Spain?
June 20, 2017

A previous post analyzed the application of the fair and equitable treatment (“FET”) and legitimate expectations in the recent award in Eiser Infrastructure Ltd. v. Spain (ICSID Case No. ARB/13/36),…

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Anna Lanshakova
Economic Crime and International Investment Law: Current Issues
June 19, 2017

The Twenty-eighth ITF Public Conference on Economic Crime and International Investment Law, hosted by the British Institute of International and Comparative Law (BIICL) on 22 May 2017, attracted 13…

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Nahila Cortes (BakerHostetler)
Spanish Energy Arbitration Saga: Green Light for Investors Claiming Breach of FET?
June 17, 2017

On May 4, 2017 the third final award on the Spanish energy arbitration saga was unveiled. After two wins against Charanne and Isolux Infrastructure (both SCC), this time the foreign investors scored…

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Mathew Rea, Marcela Calife Marotti (Bryan Cave) for Bryan Cave Leighton Paisner LLP
What is all the fuss? The Potential Impact of the Hague Convention on the Choice of Court Agreement on International Arbitration
June 16, 2017

We make reference to the Kluwer Arbitration Blog post of 23 September 2016 by Sapna Jhangiani and Rosehana Amin, entitled 'The Hague Convention on Choice of Court Agreements: A Rival to the New York…

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Luke Sobota (Three Crowns LLP) for Three Crowns LLP
The Trump Executive Order Faces FET-Like Review
June 15, 2017

The U.S. Court of Appeals for the Fourth Circuit recently issued an en banc decision, in International Refugee Assistance Project IRAP v Trump, affirming the district court’s injunction against…

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David J.A. Cairns (B Cremades y Asociados )
Judicial Activism and Spanish Arbitration
June 14, 2017

There has been much recent judicial activism in Spain in arbitration matters. Although the grounds for annulment of an arbitral award are limited in Spanish Arbitration Law (Article 41) and reflect…

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Gabriele Gagliani (Bocconi University)
A First Look at Eskosol S.p.A. in liquidazione v. Italian Republic: Has Either Party Gained the Upper Hand?
June 13, 2017

The ICSID Tribunal in the case Eskosol S.p.A. in Liquidazione v. Italian Republic (ICSID Case No.ARB/15/50) has recently issued a Decision on Respondent’s Application under Rule 41(5) of the ICSID…

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Juliette Fortin, Philippe Sales (FTI Consulting, Inc.) for ArbitralWomen
Possible Sources Of Disagreement Between Quantum Experts In Discount Rate Estimation: A Review Of ICSID Awards
June 12, 2017

Quantum experts often rely on the Discounted Cash Flow (DCF) approach to assess losses. The DCF approach is one of the most widely-used and accepted valuation methods, thanks in large part to its…

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