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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...

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...