Investment Arbitration

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading

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Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas

3rd EFILA annual conference 2018: parallel states’ obligations in investor-state arbitration – 5 February 2018, London

The European Federation for Investment Law and Arbitration (EFILA) will be holding its third Annual Conference on 5 February 2018 at the Senate House in London. The conference will focus on four topics: non-disputing third parties and their influence on … Continue reading

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Filed under Europe, Events, International Human Rights, Investment Arbitration, ISDS, Procedures in arbitration, Third-Party Rights

Facilitating the Belt and Road: CIETAC launches investment arbitration rules

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force.  This is the first set of investment arbitration rules ever promulgated by a … Continue reading

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Filed under ADR, Arbitration rules, Asia, Hong Kong & China, Investment Arbitration, News

Event – The future of investment arbitration: have we reached a high water mark?

Herbert Smith Freehills and BIICL Investment Treaty Forum warmly invite you to attend ‘The Future of Investment Arbitration: Have We Reached a High Water Mark?’. Date Wednesday 1 November 2017 Time 17:00: Registration 17:30: Panel discussion followed by drinks and … Continue reading

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Filed under Events, Investment Arbitration, ISDS

Environmental and Human Rights issues in Africa have international implications – know what rights and remedies apply

In the first of our regular Africa themed webinars, on Thursday 5 October 2017, 1.00 – 2.00pm BST, we will consider the international implications of environmental and human rights issues in Africa, including: The extraterritorial impacts of a local crisis: … Continue reading

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Filed under Africa, Events, International Human Rights, Investment Arbitration, webinar

Article: Paris Court of Appeal upholds UNCITRAL award in Ukraine v OAO Tatneft

Laurence Franc-Menget has published an article in the Revue de l’arbitrage, the journal of the Comité Français de l’arbitrage, discussing  the Paris Court of Appeal’s decision on an application by Ukraine to annul an $112 million UNCITRAL award against it … Continue reading

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Filed under Challenges to awards, Enforcement, Europe, Investment Arbitration, Jurisdiction

NAFTA Renegotiation: ISDS reform objectives

The United States will lobby for changes to the investor-state dispute settlement (“ISDS”) provisions of the North American Free Trade Agreement (“NAFTA”) in the upcoming discussions to renegotiate the regional treaty. ISDS reform is one of several “negotiating objectives” announced … Continue reading

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Filed under Investment Arbitration, ISDS, Public International Law, The Americas, Trade Agreements

Second Circuit Upends Enforcement of ICSID Awards in New York, Eliminates Circuit Split

In a ruling handed down on July 11, 2017, the United States Court of Appeals for the Second Circuit resolved a circuit split that had sown legal uncertainty on the correct procedure for the enforcement in the United States of … Continue reading

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Filed under Enforcement, Investment Arbitration, ISDS, Public International Law, Sovereign Immunity, The Americas

China-related investment arbitrations: three recent developments

The last two months have delivered three notable developments in China-related investment arbitrations.  In addition to the third known claim to be lodged at ICSID against the People's Republic of China (PRC), two recent and potentially inconsistent decisions in claims … Continue reading

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Filed under ADR, Asia, Hong Kong & China, Investment Arbitration

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel Micula against Romania (the "Award"), but refused to set … Continue reading

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Filed under Arbitration Act 1996, Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration, Stays