Category: Articles

Arbitration Under the New Egyptian Investment Law: A Sanguine Crusade, or a Mirage Station  

  Amr Arafa Hasaan, LL.M.*   Egypt has suffered massively in economic terms since the onset of the Arab Spring in 2011. Since then, there have been continuous endeavors to mitigate the loss, for instance, by holding the economic forum at Sharm El-sheikh in 2015, and concluding amendments to the investment law pending the same… Read More Arbitration Under the New Egyptian Investment Law: A Sanguine Crusade, or a Mirage Station  

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Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?

by Clifford J. Hendel, Araoz & Rueda Abogados The following updates the author’s entry September 2015 in this blog entitled “Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain.”  In recent years, some 30 cases have been filed — under SCC, UNCITRAL and (principally) ICSID rules — alleging that Spain… Read More Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?

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Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations

by Sujoy Sur While allowing investors the right to directly bring a claim against the States has said to be the single most progressive development in International Law in the 20th century, they also have gained recognition as ‘subjects’ of international law. It is this recognition which puts a corollary duty on the investor to regard… Read More Urbaser v. Argentina: Analysing the Expanding Scope of Investment Arbitration in light of Human Rights Obligations

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Arbitration in Iran: With Focus on International Commercial Arbitration (Part II)

Nasim Gheidi & Parham Zahedi, Gheidi & Associates (See Part 1 of this post here) Part two – Article 139 of Iranian Constitutional Law, a fundamental challenge in arbitrability In case the national law of the place of arbitration or the law of the state where award enforcement is being sought imposes a restriction on referring… Read More Arbitration in Iran: With Focus on International Commercial Arbitration (Part II)

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What’s the value of investment treaties?

by Dr. Dominic Beckers-Schwarz, Lawyer, Paris   On 7 March 2017, one day after the OECD Global Forum on International Investment, over one hundred stakeholders from businesses, trade unions, academics and OECD member states gathered for the one-day “3rd OECD Annual Conference on Investment Treaties”. The conference addressed issues concerning “evaluating and enhancing outcomes of… Read More What’s the value of investment treaties?

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In search of a “better” globalization

by Nikos Lavranos, Secretary-General of EFILA The backlash against globalization At the OECD, Global Forum on International Investment (6 March) more than hundred stakeholders from businesses, trade unions, academics and OECD member states gathered together for a one-day meeting considering ways towards a “better” globalization, which is more “inclusive”, i.e., which benefits all. The OECD… Read More In search of a “better” globalization

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Multilateral Investment Court: A Realistic Approach to Achieve Coherence and Consistency in International Investment Law?

Shiva Ghahremani (Konrad & Partners) Ivan Prandzhev (Konrad & Partners) Against all odds, the idea of creating an investment court to replace arbitration tribunals hearing disputes between investors and states has so far made a remarkable career. It has been only 3 years since the idea of an international investment court surfaced in EU Trade… Read More Multilateral Investment Court: A Realistic Approach to Achieve Coherence and Consistency in International Investment Law?

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The SIAC Investment Arbitration Rules are Here. And they look Good.

Abhishek Dwivedi, Advocate – Bombay High Court Singapore International Arbitration Centre (SIAC) has published its first edition of the rules applicable to Investment Arbitrations (IA Rules) conducted under its aegis. These IA Rules were published on 1st January 2017 and have been drafted with specific requirements of investment arbitration in mind. While many institutions such… Read More The SIAC Investment Arbitration Rules are Here. And they look Good.

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The continued lack of adequate investment protection in Europe

Nikos Lavranos, Secretary General, EFILA Recently, the UNCTAD Investment Division announced that it had “completed its regular semi-annual update of the Investment Dispute Settlement Navigator, which is now up-to-date as of 1 January 2017”. The Navigator is a useful web-based search tool containing information regarding pending and closed investor-State disputes based on the thousands of… Read More The continued lack of adequate investment protection in Europe

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