Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication offers personal perspectives of our international arbitration partners from across the globe. Read more

Iran wins its first investor-state case

The Islamic Republic of Iran has won its first ever investor-state arbitration in a decision against Turkish mobile phone company, Turkcell. The tribunal concluded that Turkcell was not a qualified investor under the Iran-Turkey bilateral investment treaty (BIT) given that it had only participated in a tender process (which it won) and had not yet … Read more

OIC investment treaty – investor protection in the Islamic world

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment.  Structuring investments to take advantage of a Bilateral Investment Treaty (BIT) is the primary way of claiming … Read more

Commercial disputes after the Arab Spring

Craig Tevendale (Partner, London) and Stuart Paterson (Partner, Dubai) have published an article in the March 2012 issue of Commercial Dispute Resolution (CDR).  It focuses on the Arab Spring and examines the major commercial disputes issues arising from the political upheaval in North Africa and the Middle East, namely: the application of force majeure provisions and the … Read more

Temporal arguments exclude majority of construction company’s claims under Turkey/Jordan BIT

TA v Jordan concerned a claim relating to interference with an arbitration award by the Jordanian courts. A tribunal constituted under the ICSID Rules, decided that the majority of Turkish construction company, ATA’s claims against Jordan related to disputes arising before the Turkey/Jordan Bilateral Investment Treaty (BIT) entered into force and were therefore inadmissible. In … Read more