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Enforcement of Intra-EU Investment Treaty Arbitration Awards in U.S. Remains Unclear After D.C. Court’s...

In Micula v. Romania, a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European...

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime...

On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE ("Strabag") for the initiation of an ICSID arbitration proceeding (ICSID Case...

The New NAFTA – the United States-Mexico-Canada Agreement (USMCA) Brings Future Changes to ISDS

On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA)....

Vattenfall-Decision Mitigates Achmea-Effect

A couple of months ago a decision by the European Court of Justice ("ECJ") shocked the arbitration community: The ECJ decided in its (in)famous...

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules...

The Aftermath of Achmea: Germany Requests Dismissal of Vattenfall Case After CJEU’s Achmea Decision

The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C-284/16) seems to have caused...

European Court of Justice Stops Investment Arbitration in Intra-EU Disputes

In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that...

D.C. Circuit affirms district court’s refusal to enforce an award set aside by a...

Getma Int'l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of Guinea ("Guinea") sought bids to expand and...

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...