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Arbitration Investor State Dispute Settlement (ISDS)

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Faegre Drinker Biddle & Reath LLP

New Interpretation of the Investment Chapter of the U.S.-Colombia Trade Promotion Agreement Will Make It Harder for Investors to...

Amid the flurry of expected international trade actions by the second Trump administration, the outgoing Biden White House reached a significant (but overlooked) agreement of its own to curtail investor-state dispute...more

Skadden, Arps, Slate, Meagher & Flom LLP

The India-UAE Bilateral Investment Treaty: A Step in the Right Direction?

I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more

Proskauer - Minding Your Business

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

Hogan Lovells

Investors must act quickly or forfeit their rights to claims under soon expiring NAFTA Chapter 11

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North American Free Trade Agreement (NAFTA) Chapter 11 investor-state dispute settlement (ISDS) legacy claims will soon expire and U.S., Canadian, and Mexican investors should review their investments and ascertain whether...more

ArentFox Schiff

Highlights of the 2022 ICSID Rules Amendments

ArentFox Schiff on

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

JAMS

A Wave on the Horizon for the Mexican Electricity Sector Represents an Opportunity for Mediation - Investor-State dispute...

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The new presidential administration in the United States, with its focus on the decarbonization of the electricity sector and having recently returned the country to the Paris climate accord, clashes head-on with the goals of...more

Eversheds Sutherland (US) LLP

Overview of the ICSID Fiscal Year 2020 Caseload Report

On August 13, 2020, the International Centre for Settlement of Investment Disputes (ICSID) released its Fiscal Year 2020 Caseload Report (FY2020 Report or Report). ICSID updates its caseload statistics every six months. This...more

ArentFox Schiff

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

ArentFox Schiff on

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

Holland & Knight LLP

Project Finance Protected as Foreign Investment in Investor-State Arbitration in Mexico

Holland & Knight LLP on

A decision rendered on Aug. 20, 2020, by an investor-state dispute settlement (ISDS) tribunal in the Portigon AG v. Kingdom of Spain arbitration (ICSID Case No. ARB/17/15) is welcome news for investment funds and banks active...more

K&L Gates LLP

Two Heads Are Better Than One: Double Hatting and Its Impact On Diversity In International Arbitration

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In recent years there has been increasing focus on arbitrators also acting as counsel, a practice known commonly as ‘double hatting’ or ‘dual hatting.’ This can result, for example, in arbitrators appearing as counsel before...more

Jones Day

Renegotiation of Existing BITs by the Netherlands May Directly Affect Current Investments

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The Situation: The Netherlands has 79 bilateral investment treaties ("BITs") in place with non-EU countries. On March 22, 2019, the Dutch government published a new model BIT ("2019 Model") as a template for negotiating new...more

Blake, Cassels & Graydon LLP

EU’s Top Court Rules Investment Protections Under CETA are Compatible with EU Law

In Opinion 1/17 (CETA Ruling) on the Comprehensive Economic and Trade Agreement (CETA), the European Court of Justice (ECJ) ruled that the investment protections under CETA, signed by Canada and the European Union, are...more

Holland & Knight LLP

U.S. Investors Face Possible Loss of Investment Treaty Arbitration Under NAFTA - A Look at the Potential Risks for Foreign...

Holland & Knight LLP on

• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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With Davos 2018 in the rear view mirror, some analysts are pegging the “geopolitical momentum” as China’s to claim, thanks in no small part to its expansive and ongoing “Belt and Road” initiative....more

Holland & Knight LLP

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

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Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

Akin Gump Strauss Hauer & Feld LLP

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

Blake, Cassels & Graydon LLP

ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order...more

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