The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII”)​ has recently published two draft working papers for comment (the “Working Papers”). The Working Papers address the possible reform of investor-state dispute settlement (“ISDS“), focusing on (i) an appellate mechanism and enforcement issues and (ii) the selection and … Read more

Bolivia has become the seventh state to ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the “Mauritius Convention”. Read more

In the recent decision of Koza Ltd & Mr Ipek v Koza Altin Isletmeleri AS [2020] EWCA Civ 1018, the English Court of Appeal (“Court”) by a 2-1 majority has upheld an injunction granted by the English High Court earlier this year, restraining Koza Ltd (“Koza”), a UK-based company, from providing funding for an ICSID … Read more

Johannesburg-based Partner Peter Leon, Associate Ernst Muller and Candidate Attorney Natasha Rachwal have recently authored an article discussing the ongoing negotiations for the African Continental Free Trade Area’s (“AfCFTA”) protocol on investment. The article considers the opportunity for AfCFTA drafters to establish an investment regime that supports modern investment policies and sustainable development. The article … Read more

The Government of India has lost the first of three keenly anticipated decisions on the retrospective tax liabilities introduced by statute in 2012 to reverse the ruling of the Indian Supreme Court in the Vodafone case. The legislation was introduced in the Finance Act 2012 to reverse the Supreme Court’s ruling that Vodafone was not … Read more

The 6th Annual Lecture of the European Federation for Investment Law and Arbitration (EFILA) will take place virtually on Thursday 29 October 2020 (17:00-19:00 CET). This year’s lecture will be given by Professor Loukas Mistelis (Queen Mary University London), who will present the findings of a report recently prepared by Queen Mary University London on … Read more

On 29 August 2020, the Agreement for the Termination of Bilateral Investment Treaties (the “BITs”) between the Member States of the European Union (the “EU”) (the “Termination Agreement”) entered into force. As discussed in one of our previous blog posts, the Termination Agreement was signed on 5 May 2020 by 23 EU Member States. In … Read more

Oil prices have recently reached historic lows and oil companies are faced with a number of potential legal issues as the prices impact their trading and operational agreements. In this podcast series, our energy disputes lawyers consider some of the key issues triggered by the current low oil price environment. Even investments into relatively stable … Read more