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Protection of foreign investments in South Africa

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Overview In recent years, South Africa has reviewed its BITs on the basis that it believed that the BITs were too restrictive and outdated. As...

Protection of foreign investments in Argentina

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Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims...

New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...

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For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...

The Swedish Supreme Court requests a preliminary ruling from the CJEU on the validity...

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The case concerns a damage claim between a Luxembourg company and the Republic of Poland. The arbitral tribunal determined, in one separate and one...

English High Court interprets “investment” and “investor”

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In The Republic of Korea v Mohammed Reza Dayyani and others EWHC 3580 (Comm), the English High Court rejected an application by the...

Protection of foreign investments in Indonesia

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Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), the investor may have access to claims...

Renewable energy: protection of investments through arbitration

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Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to...

Australian court enforces ICSID awards against Spain

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The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of...

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

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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...

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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...