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…
On 5 January 2016, Myanmar enacted a new Arbitration Law. The Arbitration Law provides a legal regime for both domestic and international arbitrations that closely follows the familiar UNCITRAL Model Law. It also implements the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. New York Convention awards may now be enforced in Myanmar. UNCITRAL Model Law The Arbitration Law expressly provides that its objectives are to effectively resolve domestic and international…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October…
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 and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…