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Security for costs – Renunciation of the standards set up in “RSM v. Saint...

Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment...

Investor-State Arbitration – An Introduction

A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown...

New EU-Japan Trade Deal: EU declares ISDS “dead”

The European Union and Japan have announced the main elements of a new economic partnership agreement, which has been hailed as the most important...

Tribunal dismisses investor’s claims because of breach of admissibility requirements under the applicable BIT...

Tribunal dismisses investor's claims because of breach of admissibility requirements under the applicable BIT in the ICSID case Supervisión y Control S.A. v. Republic...

EU Court thwarts prompt ratification of EU-Singapore Free Trade Agreement

In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union ("CJEU") declared that the free trade...

U.S. Court rejects public policy objections and affirms enforcement of international arbitral award against...

In 1999, Enron Nigeria Power Holding, Ltd ("ENPH") entered into a power purchase agreement ("PPA") with Nigeria, Lagos State, and the National Electric Power...

U.S. court denies request to vacate award based on alleged partiality of arbitrator and...

A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a proceeding administered by ICSID under the...

Impecunious Claimant – Does the impecuniosity warrant that the respondent pays the full advance...

On 11 January 2017, the arbitral tribunal in the investor-state arbitration between a French-Mauritian businessman (the “Claimant”) and the Republic of Mauritius (“Mauritius”) ...

Stockholm Chamber of Commerce Publishes Report on Investor State Arbitration

The Arbitration Institute of the Stockholm Chamber of Commerce ("SCC") was founded in 1917.  It is part of the Stockholm Chamber of Commerce, but...

Singapore Court of Appeal reviews the scope of an arbitrator’s jurisdiction in an investment...

In the recent case of Sanum Investments Ltd v Government of the Lao People's Democratic Republic SGCA 57, Singapore's apex court handed down...