The assessment of damages is perhaps the most controversial of all issues covered by UNCITRAL Working Group III (WGIII), whose overall mandate is to identify concerns related to the operation […]
Insights A Proposal for Reforming the Calculation of Damages in Investment-Treaty Arbitration, by Martin Jarrett Awards and Decisions Páramos protection-related case decided in favour of Colombia, this time (Red Eagle […]
The Significance of Causation in Investment Treaty Arbitration Causation is a core component of responsibility, whether legal or moral. Blame will usually only be placed on a person when their […]
Red Eagle Exploration Limited v. Republic of Colombia, Award, ICSID Case No. ARB/18/12 Red Eagle v. Colombia is the third arbitration related to Colombia’s efforts to protect the páramos ecosystems, […]
Koch Industries, Inc. and Koch Supply and Trading, LP v. Canada, ICSID Case No. ARB/20/52, Award, March 13, 2024 Summary In an award rendered on March 13, 2024, an ICSID […]
ACF Renewable Energy Limited v. Republic of Bulgaria (ICSID Case No. ARB/18/1) The investors ACF, a company incorporated under Maltese law, was founded shortly before acquiring an investment in Bulgaria. […]
Scholz holding Gmbh c. Royaume du Maroc, award, ICSID n° ARB/19/2 In recent years, investors have frequently invoked the notion of legitimate expectations in alleging a breach of a state’s […]
On May 30, 2024, the Council of the European Union adopted a set of decisions greenlighting the withdrawal of the EU and Euratom from the ECT. The step follows several […]
On April 26, 2024, the United Kingdom notified its withdrawal from the ECT. This follows an earlier announcement of this step by the British government in February, in which Minister […]
On April 24, 2024, the European Parliament voted to adopt the Corporate Sustainability Due Diligence Directive (CSDDD), following months of negotiations between EU institutions and member states. While such an […]
In a referendum on Sunday, April 21, the citizens of Ecuador emphatically voted to keep Article 422 of the country’s 2008 constitution, which prevents Ecuador from using international arbitration to […]
On April 30, 2024, ICSID’s Administrative Council appointed Martina Polasek as the new ICSID Secretary General. Her term begins on July 1, 2024, when she succeeds Meg Kinnear, who served […]
The International Tribunal for the Law of the Sea (ITLOS) has delivered its much-awaited advisory opinion regarding climate change obligations under the UN Convention on the Law of the Sea […]
In a landmark judgment, the European Court of Human Rights found that Switzerland was not acting timely, sufficiently, and consistently to fulfill its positive obligations under the European Convention on […]
As opposed to the approaches taken by various EU member states’ courts (see, e.g., here), the Swiss Federal Tribunal upheld an intra-EU investment award based on the ECT. The highest […]
Adria Group B.V. and Adria Group Holding B.V. v. The Republic of Croatia, Decision on Intra-EU Jurisdictional Objection, ICSID Case No. ARB/20/6
JSC DTEK Krymenergo v Russia, PCA Case No. 2018-41, Award, November 1, 2023
Based on a draft resolution submitted by Nigeria on behalf of the African Group, the recent United Nations (UN) General Assembly resolution on the UN tax treaty aims to bolster […]
In September 2023, the European Commission has unveiled a non-paper presenting model clauses for BITs between EU member states and third countries. These model clauses, accompanied by annotations, aim to […]
In October 2023, UNCITRAL delegates to Working Group III gathered again in Vienna to continue their work on ISDS reform. Two topics were discussed—(i) draft provisions on the establishment of […]
From October 15 to 20, 2023, UNCTAD organized its eighth World Investment Forum in Abu Dhabi. The World Investment Forum highlighted global investment challenges and opportunities. Discussions focused on sustainable […]
The English High Court upheld Nigeria’s challenge against controversial awards in favour of Process & Industrial Developments Limited (P&ID) by finding significant irregularities in the arbitration process. The arbitration awards […]
As we reported earlier, in 2021, the German energy company RWE filed for a controversial ECT arbitration challenging the Netherlands’ coal phase-out. In the context of the arbitration, the Netherlands […]
EU appears as a respondent in one of the three arbitrations brought by oil-refining companies belonging to Klesch Group (here, here, and here). It has been reported that the trio […]
The Singapore company Zeph Investments Pte, owned by Australian billionaire Clive Palmer, has reportedly filed a notice of intention to commence arbitration against Australia based on the Singapore–Australia Free Trade […]
Complex Designers and Emergent Design: Reforming the Investment Treaty System Anthea Roberts and Taylor St John, American Journal of International Law, 116(1), 96–149. Sept 2021 Available here. Overview of Contract […]
