Perhaps the most high-profile case in the debate over investor-state arbitration in recent years has been the investment treaty claim by Philip Morris against the Australian Government, concerning the introduction of tobacco plain packaging rules. Opponents have relied on the case to highlight the perceived risk of “regulatory chill” caused by the proliferation of “secret courts”, while many proponents had hoped that the case would result in an award that carefully balanced the State’s “right…
Are offers to arbitrate in BITs (Bilateral Investment Treaties) between EU member states compatible with the laws of…
In a remarkable turn of events the District Court of The Hague has set aside six arbitration awards,…
“Investment arbitration” is a hot topic not only but also because the Europeans refuse to accept the respective dispute resolution mechanism in the TTIP-discussions with the United States of America. In this context, arbitration is a means to protect a past investment against undue influence exercised by the host state. However, a slight change of the term “Investment Arbitration” into “Investment: Arbitration!” gives rise to a different discussion. The term then indicates that an arbitration…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
Editor’s Note: This is the first of two articles on recent developments related to expropriations in Zimbabwe. This…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October 2015, it became obvious that the idea to settle investor-state-disputes under TTIP through arbitration (commonly called Investor-State Dispute Settlement or ISDS) runs against strong and well-organized public resistance in many European countries, in particular Germany. European governments and the European Commission realized that insisting on ISDS could threaten the success of the whole TTIP project. The European…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel…
In its judgment of 18 January 2016[1], the Svea Court of Appeal overturned the Stockholm District Court’s judgment and approved the Russian Federation’s plea for negative declaratory relief. Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor’s investments in Yukos Oil Company. The Svea Court…