The growing success of investment arbitration may collide with the European Commission’s attitude towards intra-EU BITs, as shown recently by a development reported in August 2010 (the IA Reporter,…
“To the rest of the world, the English legal profession is a very strange species indeed” (Berlins and Dyer, The Law Machine)
As autumn, season of mists, beckons there is, in London at least, a sense…
The sense of relief enjoyed by NGO observers and other followers that UNCITRAL Working Group II's Arbitration Rules revision project was finally completed in the Summer of 2010, after seemingly…
Three different investors, with three different claims, in three different situations, have recently been in the news. All three disputes have a Canadian connection. Two involved claims by foreign…
In arbitration, as in other aspects of business life, parties often feel most comfortable when they are (literally) on familiar ground. If things go wrong, a European or American company might…
In a recent post, Lisa Bench Nieuwveld raised an issue which has been discussed from time to time on this blog: the potential for not-for-profit activities to be protected under international…
In an important contribution to the ongoing debate among courts and commentators regarding the scope of 28 U.S.C. § 1782 – and the first such case related to ICSID proceedings – the D.C. district…
There are some interesting comments in the live blog of the UNCTAD International Investment Agreements Conference from the likes of Todd Weiler, Susan Franck, and Jason Yackee. (You can also watch…
Everyone is looking at China at the moment, and rightly so. It's a very exciting place to be. Many MNCs are already here and many others are determined to get a piece of the action. But where…
On 31 August 2010, a group of over 35 academics (not including the current author), published a Public Statement on the International Investment Regime (Statement). The preamble to the three-page…