ICSID MEMBER STATES APPROVE AMENDED 2022 ARBITRATION RULES

11 April, 2022
On 21 March 2022, the Member States of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments to the ICSID Regulations and Rules, which will come into effect on 1 July 2022. HSF Partner Andrew Cannon and Professional Support Consultant Vanessa Naish have considered the new rules in a post on … Read more

MALAYSIA: 2020 INSTITUTIONAL CASELOAD STATISTICS SHOW CONTINUED PREFERENCE FOR AIAC, HKIAC, ICC AND SIAC ARBITRATION BY MALAYSIAN PARTIES

19 November, 2021
For the third consecutive year (see our previous updates here and here), we analyse publicly available institutional arbitration caseload statistics of various arbitral institutions around the world to understand the trend of Malaysian participation and usage of institutional arbitration. Our analysis of the numbers confirms a general preference by Malaysian parties for arbitrations conducted by … Read more

UNCITRAL PUBLISHES EXPEDITED ARBITRATION RULES

04 October, 2021
In December 2020, we reported that the Working Group II of the United Nations Commission on International Trade Law’s (UNCITRAL) had prepared draft expedited arbitration provisions for the UNCITRAL Arbitration Rules. UNCITRAL adopted the expedited arbitration provisions (the EAPs) in July 2021. The EAPs entered into force on 19 September 2021. The full text is … Read more

ECUADOR IS NOW OFFICIALLY A CONTRACTING STATE OF THE ICSID CONVENTION

03 September, 2021
On June 30, 2021, Ecuador’s Constitutional Court (Constitutional Court) held that President Guillermo Lasso had the power to ratify the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) without the approval of Ecuador’s National Assembly (the Decision).[1] The Constitutional Court also held that the ratification of the … Read more

IRAQ RATIFIES MAURITIUS CONVENTION ON TRANSPARENCY IN INVESTOR STATE ARBITRATION

31 August, 2021
Iraq has become the latest state to ratify the Mauritius Convention on Transparency in Treaty-based Investor State Arbitration (the Mauritius Convention), having deposited its instruments of ratification at the UN Headquarters in New York and having previously signed the Mauritius Convention on 13 February 2017. The Mauritius Convention will come into force for Iraq on … Read more

State of play of investment treaty arbitration in Australia

08 July, 2021
Investment protection regimes are at a crossroads globally. Different governments, trading blocks and interest groups are pushing their policy agendas in diverging directions when it comes to bilateral and multilateral investment protection schemes. Australia is no exception to this debate. In this note we canvass some of the key developments in the investment treaty arbitration … Read more

NEW PROCEDURAL RIGHTS AS INDONESIA-SINGAPORE BIT COMES INTO FORCE

19 March, 2021
Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … Read more