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District court affirms arbitral award, holding that selection of ICC Rules provided clear and...

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Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022) In the 1990s, Libya made a number of legislative changes to foster...

The Amendment of ICSID´s Regulations and Rules is a reality

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On March 21, 2022, ICSID´s Member States approved the long-awaited amendments of ICSID´s Regulations and Rules, after a consultation process of more than 5...

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

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One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision by the Court of Justice of the EU (“CJEU“) is transferable to...

Paris Court of Appeal provided further insight on arbitral tribunal’s jurisdiction over investments allegedly...

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In State of Libya v. Nurol Insaat Ve Ticaret Anonim Sirketi, the International Commercial Chamber of the Paris Court of Appeal was called upon...

Singapore-Indonesia Bilateral Investment Treaty

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Background On 9 March 2021, the latest Singapore-Indonesia Bilateral Investment Treaty (the "BIT") entered into force and updates the countries' investment protection framework vis-a-vis each...

Part III of a Trilogy: Potential defences of the host states

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We are pleased to introduce the third part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...

The Advocate General calls for additional requirements to be satisfied in order for an...

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On April 22, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...

Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other...

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In its Achmea-decision, the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment...

Energy Charter Treaty and EU law – the Advocate General’s opinion calling for broadening...

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On March 3, 2021 the Advocate General issued its opinion in the proceedings before the Court of Justice of the EU ("CJEU") under case...

Part II of a Trilogy: Investor claims in response to the State’s protective measures...

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We are pleased to introduce the second part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In...