CROSS POST: UNCITRAL PUBLISHES INITIAL DRAFT ON THE REGULATION OF THIRD-PARTY FUNDING IN INVESTOR-STATE DISPUTE SETTLEMENT

In a recent post on our Public International Law Notes blog, Christian Leathley, Amal Bouchenaki, Florencia Villaggi and Louis Thivierge consider the UNCITRAL Secretariat’s initial draft provisions on the regulation of third-party funding in Investor-State Dispute Settlement, which presents various potential models that the Working Group on Investor-State Dispute Settlement Reform may adopt for regulating … Read more

ICSID RELEASES STATISTICS FOR RECORD YEAR 2020

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2020 (available here) showing a record number of new cases. While the figures confirm that the Covid-19 pandemic has not so far significantly affected the nature of those disputes, other changes – such as a shift to virtual hearings – are … Read more

2020 SURVEY OF TMT SECTOR INVESTOR-STATE ARBITRATION

Technology, media, and telecommunications (“TMT”) as an overarching sector has experienced sustained growth and turmoil for a number of years characterised by cross-border collaboration, expansion, consolidation and, of course, innovation. The sector (and in particular the telecommunications sector) remains a focus for direct investment and capital demands for the underlying infrastructure such as full fibre … Read more

RECENT DEVELOPMENTS IN INDIA-RELATED ARBITRATION

Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the constitutional validity of s87 of the Arbitration Act, setting aside an award on the grounds of bias, and the time limits surrounding enforcement of awards. In other news, … Read more

ICSID RELEASES 2019 CASE STATISTICS

The International Centre for Settlement of Investment Disputes (“ICSID”) has released case statistics for 2019 and updated their records for cases since 1972 (available here). ICSID has historically administered the majority of investor-state claims and these statistics remain an important bellwether for trends in such disputes. The 2019 statistics show that a lower number of … Read more