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2022 Empirical Study: Costs, Damages and Duration in Investor-State Arbitration in the CEE Region

This study examines over 100 investor-State cases, which involved countries of Central and Eastern Europe (CEE) as respondent States and were conducted under ICSID, UNCITRAL and other arbitration rules and gives a...more

Structuring investments in 2022: time to rethink

A number of factors have led to a more uncertain environment for infrastructure investment globally as we move into 2022. ...more

Litigating legal black holes

More activity and more private actors in space means more disputes. Understand how and where those disputes will be resolved to prepare your business. Our global experts bring together multi-sectoral expertise to assess the...more

Court of Justice of the European Union says ad hoc submission to arbitration of dispute between EU Member State and EU investor...

On 26 October 2021, the Court of Justice of the European Union (the Court) delivered its judgment in Case C‑109/20, Republic of Poland v PL Holdings S.á r.l. (PL Holdings)....more

Intra-EU disputes cannot be arbitrated under the Energy Charter Treaty, says the Court of Justice of the European Union

On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union (the Court) delivered its judgment in Case C-741/19, Republic of Moldova v Komstroy LLC, finding that the acquisition of a claim arising...more

Jurisdictional objections based on CJEU's Achmea judgment fail in Energy Charter Treaty arbitration

ICSID tribunal retains jurisdiction, rejecting Germany and European Commission’s arguments that intra-EU arbitration under ECT incompatible with EU law - On 31 August 2018, the arbitral Tribunal hearing the claim by...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Briefing note: New laws create potential for arbitration claims against Tanzania

Potential arbitration claims arising from three acts affecting investors in natural resources projects in Tanzania INTRODUCTION - In July 2017, three new laws (the Acts) entered into force in Tanzania which could have...more

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