Sentences with phrase «investment arbitration law»

«Investment arbitration law, after all, is far too important to leave to just investment lawyers» [and these special corporate courts] «profoundly challenges» European «judicial, legal and regulatory systems.

Not exact matches

Australia is already having a painful experience with this type of clause — tobacco company Philip Morris Asia has commenced arbitration against the Australian government over its new plain packaging for tobacco products laws using a similar clause in an investment treaty between Australia and Hong Kong.

Prof. Dr. Mohamed S. Abdel Wahab is Founding Partner and Head of International Arbitration at Zulficar & Partners Law Firm, which has an arbitration team of (20) dedicated associates well versed in prosecuting international commercial and investment arbitrations.

From what I gather from my colleagues who deal with investment law either as academics or as practitioners, the «anecdotal» evidence points in the direction of investors choosing commercial arbitration if the ISDS or domestic courts option becomes too long and burdensome.

Dear Marco, the international «investment» law - perspective refers to the point the post tries to make: that it is a plausible argument that there is room for investment arbitration in the single market because many investment disputes deal with exclusively domestic measures.

Generally speaking, it is difficult to think of other ways in which EU law could be «applied» in investment arbitration.

Depending on one's underlying view on the EU and investment arbitration, the judgment's implications for the autonomy of EU law could be read in two ways.

[3] This latter concern, in turn, relies on the idea that EU law provides (through the medium of member state courts) such effective remedies and that by transferring disputes to investment arbitration (or by creating the possibility of such transfer), something short of full effectiveness follows.

If arbitration clauses in intra-EU BITs adversely affect EU law, then there is little point in discussing whether or not the Court's conclusion is justified in light of arbitral practice — it's time to move on and to understand what will happen next, rather than to analyse whether there actually is or should be room for investment arbitration in intra-EU relations as a matter of EU law.

The point is not to argue that the Court's reasoning and conclusions are incorrect, but to shed light on the ways in which arbitral tribunals have actually «used» EU law, and to show that the Court's understanding (with which most commentators sympathize) that investment arbitration poses a threat to the autonomy of EU law is somewhat inflated.

Second, if you're critical of investment arbitration and think that EU law provides adequate remedies to economic operators, it's logical to argue that it's up to the ECJ to determine the criteria of non-contractual liability in situations concerning the basic freedoms, including the question of damages.

in international law by the University of Heidelberg and the Universidad de Chile in the framework of a program focusing on investments, trade and arbitration and conducted in cooperation with the Max Planck Institute for Comparative Public Law and International Llaw by the University of Heidelberg and the Universidad de Chile in the framework of a program focusing on investments, trade and arbitration and conducted in cooperation with the Max Planck Institute for Comparative Public Law and International LLaw and International LawLaw.

Ms. Liebkind's previous experience includes working with international commercial and investment arbitration proceedings in Geneva, a secondment with Citibank as a part of their Nordic legal team, and IT and IP related disputes and contractual matters with a leading Finnish law firm in Helsinki.

Against that background, the Tribunal observes that there is a growing body of arbitral law, particularly in the context of ICSID arbitrations, which holds that the principle of proportionality is applicable to potential breaches of bilateral investment treaty obligations (see paras. 402 - 404).

Prior to joining the firm, Ariane Sproedt gained experience in gas price disputes and investment arbitration at an international law firm in Paris, France.

Helping to align investment arbitration with the functioning and the results of other systems of public law adjudication can contribute to forming an emerging consensus on the many contested issues in international investment law and afford legitimacy to the dispute settlement activity of investor - State arbitral tribunals.

As for the wider impact of the judgment, it demonstrates the willingness and competence of the courts of Singapore to deal with issues concerning public international law and investment arbitration.

It further demonstrates the willingness and competence of the courts of Singapore to deal with issues concerning public international law and investment arbitration.

In the light of this extensive experience, he is highly qualified for advisory work in all areas of public international law, for international dispute - settlement proceedings of all kinds and for international commercial and investment arbitration.

In particular, while the 1945 UN Charter and the UN Convention on the Law of the Sea acknowledged and promoted interstate arbitration, the New York and the Washington conventions consecrated the principle of recognition and enforcement of arbitral awards with regards to international trade and investment.

As a member of Foley Hoag's International Litigation and Arbitration Department, González represents clients before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in cases concerning the environment, natural resources, and public health, among others.

In brief, the approach conceives of investment treaty arbitration as a form of public law, and calls for tribunals to draw on comparative domestic constitutional and administrative law, as well as other regimes of international public law such as WTO law and human rights law, to give content to the often vaguely - worded standards of typical investment treaties.

Analía González is part of the international arbitration and litigation practice group, representing clients before the International Centre for Settlement of Investment Disputes (ICSID), and the International Chamber of Commerce (ICC) and the International Court of Justice (ICJ), and in ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL), in cases concerning the environment, the natural resources, public health, among others.

In Achmea, where it finally did have the opportunity to address issues of compatibility with EU Law of investment arbitration, the Court made clear (er) what it had meant: it is incompatible with the principle of the autonomy of EU law for Member StatesLaw of investment arbitration, the Court made clear (er) what it had meant: it is incompatible with the principle of the autonomy of EU law for Member Stateslaw for Member States to

Thomas Kendra, an international arbitration partner with Hogan Lovells says OHADA «really encourages investment because investors know the law, it is a lot less work to know the law of one uniform law rather than 15 different laws».

As ALB's Special Report on Investment in Africa makes clear, it has strong, arbitration - friendly, laws in place, dating back to 1994, alongside a commitment to adherence to the New York Convention, since 1959 onwards.

Investor - state arbitration clauses in investment treaties between EU Member States are incompatible with EU law, the European Court of Justice has ruled in a landmark judgment.

Moreover, even in those instances where investment treaties do conflict with EU law, the author emphasises that this does not directly affect their validity as such, as was argued by certain Member States in the initial stages of the Eastern Sugar (27 March 2007) and Eureko / Achmea (26 October 2010) arbitrations.

He is highly experienced in public international law disputes and investor - state arbitration cases, with past roles including acting as part of the Law Commission of India's study group into the Indian Model Bilateral Investment Trealaw disputes and investor - state arbitration cases, with past roles including acting as part of the Law Commission of India's study group into the Indian Model Bilateral Investment TreaLaw Commission of India's study group into the Indian Model Bilateral Investment Treaty.

Toby Landau QC and Joe Smouha QC of Essex Court Chambers, instructed by law firm Reed Smith, were part of the teams representing and advising the Ministry of Justice of the Republic of Kazakhstan (RoK), in the successful challenge of two arbitrations worth # 1.9 bn, recently brought before the International Centre for Settlement of Investment Disputes -LSB-...]

Our pre-eminent investment treaty arbitration practice is part of our wider public international law offering, and sits alongside our successful international commercial arbitration practice.

It continues 9 a.m. Friday October 26 at the Lincoln Center campus of Fordham Law School, 140 West 62nd Street — with a Conversation with famed former SDNY U.S. Attorney and Debevoise litigation chief Mary Jo White, who indicted Bin Laden and pursued Siemens for foreign corrupt practices; a Lecture by the chief Yugoslav tribunal war crimes judge Ted Meron; a two - part series on ICSID investment arbitration with ICSID secretary general Meg Kinnear; and a talk by blind Chinese human rights activist Chen Guangcheng.

He represented The Sudan People's Liberation Movement / Army in the historic Abyei arbitration (more information on Abyei arbitration), Eritrea in an ad hoc arbitration against Yemen, private parties in controversies under various bilateral investment treaties, and a major foundation in an ad hoc arbitration against a European state raising novel issues of public international law.

He is a highly regarded advocate who litigates in the areas of public international law, investment treaty arbitration, constitutional law, and commercial litigation.

The disputes are often considered under a foreign applicable law and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UNCITRAlaw and resolved under the arbitration rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution of the American Arbitration Association (ICDR), the London Court of International Arbitration (LCIA), The World Bank's International Centre for Settlement of Investment Disputes (ICSID), or the United Nations Commission on International Trade Law (UNCITRALaw (UNCITRAL).

Our team of experts have appeared in many UK and international courts including the High Court, County Courts, Crown Court and in international arbitrations including International Chamber of Commerce (ICC), London Chamber of International Arbitration (LCIA), UN Commission on International Trade Law (UNCITRAL), Netherlands Arbitration Institute (NIA), Stockholm Chamber of Commerce (SCC), Dubai International Arbitration Centre (DIAC), Singapore International Arbitration Centre (SIAC), International Centre for Settlement of Investment Disputes (ICSID), International Institute for Conflict Prevention and Resolution (CPR) and World Intellectual Property Organization (WIPO).

Dr Li Hu is the Deputy Secretary General of China International Economic and Trade Arbitration Commission (CIETAC) and is specialized in commercial arbitration and conciliation, intellectual property law, international trade law and international investment law.

A. Introduction While investor - state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown...

Working with international contractors and owners of projects in international construction arbitration, El - Aref International Law Office represents parties in cases arising in a broad range of industry sectors, including aviation, banking, construction, international finance, international trade and investments and intellectual property.

Our lawyers are presently handling disputes under the International Chamber of Commerce (ICC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), International Centre for Settlement of Investment Disputes (ICSID), Vienna International Arbitral Center (VIAC) and UNCITRAL rules; we also have extensive experience with other forms of institutional arbitration and ad hoc arbitrations, including arbitration of public international law issues.

Lluís specialises in advising on commercial and investor - state arbitration, investment protection and management of political risk, as well as on the public international law aspects of transnational infrastructure projects, boundary and territorial disputes, treaty law and international environmental law.

Leading experts from academic, practice and arbitration institutions and international organisation discussed different approaches in common and civil law systems, the emergence of group actions in commercial arbitration and the experience with similar cases in investment arbitration.

An AAA arbitration, sited in Washington with District of Columbia law applying, involving claims of expropriation and violations of international law in connection with an investment in the Middle East.

Through a new law, South Africa hopes to make itself the continent's home of international arbitration, but the long overdue overhaul may not be enough to persuade investors to trust it, following the cancellation of many of its bilateral investment treaties.

Presentation: Various international law and arbitration topics at the AILA investment treaty law and arbitration conference in March 2013; the LCIA / MIAC symposium on international arbitration and dispute resolution in African projects in December 2013; Young ICCA Arbitration Conference in March 2013; and the Congress of the International Council for Commercial Arbitration in April 2014.

She is the author of several publications in the fields of international investment law and investment arbitration and human rights law.

Diego Cadena is an Ecuadorian lawyer with the international arbitration and litigation group in Washington, D.C.. His practice focuses on comparative law and international dispute resolution, especially in cases involving the representation of clients before the International Court of Justice in The Hague (ICJ), the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) among other international tribunals.

The Mauritius Convention further underscores investment law's public law nature and breaks with the so far still dominant conceptualization of investor - State dispute settlement as a form of commercial arbitration and private justice.

Represents the Republic of Ecuador in an UNCITRAL Rules arbitration under the Ecuador - United States bilateral investment treaty with respect to claims by a foreign oil producer challenging an Ecuadorian law establishing State participation in windfall oil profits resulting from an unforeseen rise in prices.

In fact, lawyers with either a commercial arbitration or a public international law background — the two approaches that most actively shape international investment law and arbitration at present — stress such a limited function of arbitration, while having divergent views on what the rule of law may mean in this context.