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ICSID Releases Its 2024 Annual Report: Second-Highest Caseload in History and Membership Expansion

On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June...more

New ICSID Report Shows High Level of Satisfaction of ICSID Awards

On June 17, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) published a report on the trends in enforcement and compliance of the awards rendered by arbitration tribunals constituted under...more

Investor-State Disputes Registered at ICSID Surpass 1,000 Cases

The International Centre for Settlement of Investment Disputes (ICSID or the Centre) announced on August 8, that it had registered its 1,000th case under the ICSID Convention and the Additional Facility. While the Centre is...more

AI and Arbitration: Silicon Valley Arbitration and Mediation Center Publishes First Guidelines on AI

Artificial intelligence (AI) is an emerging technology with the potential to effect profound changes in all areas of society, including dispute resolution. As the business world increasingly confronts applications of this...more

The Dynamics of Arbitration: Choosing a Dispute Resolution Provision for Lower-Stakes Deals

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a...more

UNCITRAL Concludes Its 56th Session in Vienna

On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria. During the 56th session, UNCITRAL adopted a number of new guidelines and texts on mediation,...more

NAFTA Chapter 11 (Investments): Time to bring “Legacy Investment” Claims Running Out Soon

The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. NAFTA countries agreed to withdraw their...more

ICSID Releases 2022 Caseload Statistics: An Analytical Review and Prognosis of Investment Disputes Post-COVID-19

On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year. The Caseload Statistics can be found here, and ICSID’s accompanying...more

More Countries Signal Intention to Withdraw from the Energy Charter Treaty – Why Now?

On November 18, 2022, Luxembourg became the seventh country to announce plans to withdraw from the Energy Charter Treaty (ECT), following in the footsteps of Poland, Spain, the Netherlands, France, Slovenia, and...more

EU and Angola Conclude a Sustainable Investment Facilitation Agreement

On November 18, 2022, the European Commission announced the conclusion of negotiations between the European Union (EU) and the Republic of Angola on a Sustainable Investment Facilitation Agreement (SIFA)....more

Brief Analysis of ICSID 2022 Fiscal Year Caseload

On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on...more

EU Parliament Voted To Regulate Third-Party Funding

On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...more

Supreme Court Sharply Limits Federal District Courts’ Authority to Order Discovery in International Arbitration Proceedings

Under 28 U.S.C. §1782, parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question...more

Highlights of the 2022 ICSID Rules Amendments

On March 21, the Member States of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) approved extensive amendments to the Centre’s rules and regulations that will go into effect on July 1,...more

ICSID Releases Caseload Statistics for Record Year 2021

On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges...more

EU and Canada Adopt Rules Fleshing Out CETA’s Dispute Settlement Procedure

On January 29, 2021, the EU and Canada adopted four important decisions to ready the novel Investment Court System (ICS) for disputes arising under the EU-Canada Comprehensive Economic and Trade Agreement (CETA)...more

US Steps Up Actions Against Forced Labor as Congress Considers Further Measures

The US Government has taken action recently to step up enforcement against forced labor. As particular regions come under increased media scrutiny, the issue has renewed interest in Congress, which is considering several...more

Understanding the Direction of Investor-State Dispute Settlement in 2020: By the Numbers

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics. This information indicates...more

Former State Department Lawyers Ask Supreme Court To Leave FSIA Scope To Congress

On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA. The Amicus Brief - Filed in support...more

US Second Circuit Confirms That §1782 Discovery Is to Parties in Private International Commercial Arbitration

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...more

New Data Shows International Arbitration Continues to Thrive

In the past month, the Permanent Court of Arbitration (PCA) and the Singapore International Arbitration Centre (SIAC) released their annual reports. The reports reflect on the growth of the PCA and SIAC as international...more

New Arbitration Rules for the Resolution of Business and Human Rights Disputes Unveiled

The release on December 12, 2019, of the Hague Rules on Business and Human Rights Arbitration (the BHR Rules) offers a new and innovative dispute resolution option in the field of corporate responsibility. As self-described,...more

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