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Second Circuit affirms decision to vacate international arbitral award after court at the place...

Thai-Lao Lignite (Thailand) Co., Ltd. v. Gov't of the Lao People's Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2017 U.S. App. LEXIS 13065 (2d Cir....

NAFTA in Play: Investors’ Arbitration Rights

As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any claims against a NAFTA government that...

Eureka! Advocate General blasts European Commission on the validity of intra-EU investment treaties

In an advisory opinion to the Court of Justice of the European Union (CJEU), Advocate General Wathelet has rejected the argument that investor-State dispute...

Diamond in the Rough: Singapore High Court sets aside Lesotho investor-State Award

In another ground-breaking case, the Singapore High Court has set aside an investor-State arbitral award on the basis that the tribunal exceeded its jurisdiction....

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...