acting for investors and states in
arbitrations under treaties on the protection of foreign investments;
Not exact matches
In addition, he has a significant practice in investment
treaty arbitration under ICSID and ad - hoc regimes (see below).
NSPI, however, asserted that the
treaty allowed it to bring the
arbitration directly
under UNCITRAL rules and contended, in addition, that the Additional Facility was not available due to various reasons including the screening process set forth in the rules of that facility.
The
treaty allows for a claim to be brought
under UNCITRAL
arbitration rules if ICSID's Additional Facility were available.
This includes inter-state litigation in relation to commercial contracts, the interpretation of
treaties and state immunity
under the State Immunity Act 1978, particularly in the context of enforcement of
arbitration awards against states.
At its heart, IIAPP offers a database of summaries of some 150 cases brought by investors against states
under treaties channelling disputes into less costly
arbitration.
Hogan Lovells partner Markus Burgstaller, who acted for the Slovak Republic, said: «As many
arbitrations under such
treaties are currently pending, the Court's judgment is likely to have far - reaching consequences.
On March 15, the SCC and K&L Gates will host a one - day conference in Warsaw to discuss investment
treaty arbitration under the 2017 SCC Rules.
Shelbaya says «the new amendments deleted any reference to investment
treaty arbitration under the ICSID Convention».
Acting for Ukraine in UNCITRAL
arbitration proceedings in relation to claims of $ 180m by a London Stock Exchange - listed oil and gas company brought
under the UK - Ukraine bilateral investment
treaty, alleging unlawful imposition of tax measures.
You should note the distinction between international commercial
arbitration (the prior two links) and
arbitration under public international law which is conducted according to international law and / or
treaties and / or contracts between private entities and States.
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.
This arises from the likes of multinational ventures, such as energy projects, and can be instigated in two ways: investors and host states either consent in contracts to use international
arbitration to resolve disputes, or investors make claims
under bilateral (or multilateral) investment
treaties (BITs).
David has also acted for sovereign state bodies in investor - state
arbitration under bilateral and multilateral investment
treaties including
under the Energy Charter Treaty.
Moreover,
under Article 238 of the UAE Law of Civil Procedures, the terms of
treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign
arbitration awards.
Successful defense of a Latin American country in an ICSID (Additional Facility) investor - State
arbitration brought by a Canadian company
under a bilateral investment
treaty, related to a joint venture and a mining concession contract (Vannessa Ventures).
Defending a Latin American country in an ICSID (Additional Facility) investor - State
arbitration brought by a Canadian gold mining company
under a bilateral investment
treaty (Gold Reserve).
Defending a Latin American S.O.E. in an ad - hoc
arbitration brought by a Canadian company
under a bilateral investment
treaty, related to a hydrocarbon sales contract.
Successful defense of a Latin American country in an ICSID (Additional Facility) investor - State
arbitration brought by a Canadian company
under a bilateral investment
treaty, related to a concession contract (Nova Scotia Power II).
Defending a Latin American country in an ICSID (Additional Facility) investor - State
arbitration brought by a Canadian company
under a bilateral investment
treaty, related to a concession contract (Crystallex).
Successful defense of a Latin American country in an UNCITRAL investor - State
arbitration brought by a Canadian company
under a bilateral investment
treaty, related to a hydrocarbon sales contract (Nova Scotia Power I).
Defending a Latin American country in an ICSID (Additional Facility) investor - State
arbitration brought
under a bilateral investment
treaty, related to export taxes and the termination of a concession contract (Anglo - American PLC).
Equally
under Article 238 of the Law of Civil Procedures, the terms of
treaties between UAE and foreign countries and international conventions ratified by the UAE are applicable in law in connection with the enforcement and recognition of foreign
arbitration awards in the UAE.
Robert's commercial disputes experience has focused on the energy sector and includes representing a multinational energy company in a $ 150 million ICC
arbitration concerning the impact of government - imposed price renegotiation in the coal industry; representing an oil & gas major in a dispute
under a long term gas supply agreement in relation to an off - shore West African field; defending a Russian energy infrastructure company in LCIA
arbitration proceedings; and advising an oil major on potential claims
under a bi-lateral investment
treaty related to corruption charges and maltreatment of company officers.
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.
Represented the Slovak Republic in an UNCITRAL Rules
arbitration under the Netherlands - Czech and Slovak investment encouragement and protection
treaty arising from proposals to unitize the Slovakian health insurance sector.
Public international lawyers, by contrast, tend to emphasize the embeddedness of investment
treaty arbitration in a public world order that imposes constraints on State conduct
under international law.
Notably, it would make the UNCITRAL Transparency Rules applicable to all
treaty - based investor - State
arbitrations under «old»
treaties, independently of the applicable
arbitration rules.
Represents Ukraine in an ICSID
arbitration under the Ukraine - Netherlands investment promotion and protection
treaty relating to the financial sector.
Represented the Republic of Ecuador in an
arbitration under the State - to - State dispute resolution provisions of the Ecuador — U.S. bilateral investment
treaty concerning the proper interpretation and application of the
treaty.
Modern investment law, by contrast, is characterized by the investor's right to initiate
arbitration directly against host States based on the States» prospective and generalized consent to arbitrate any matter
under the governing
treaty.
Represents the Republic of India in an UNCITRAL Rules
arbitration under the India - France investment promotion and protection
treaty related to the port cargo - handling industry.
Representing the Bolivarian Republic of Venezuela in an
arbitration under the ICSID Additional Facility, based on a claim of more than US$ 1 billion brought by a Canadian mining company
under the bilateral investment
treaty between Canada and Venezuela, in a proceeding conducted in Spanish and English.
Represented Barbados investor in ICSID
arbitration against the Venezuelan government involving claims,
under the Barbados - Venezuela bilateral investment
treaty, with respect to automotive industry investment and restrictions on foreign exchange and importation
Represented Spanish investor in ICSID
arbitration against the Venezuelan government involving claims,
under Spain - Venezuela bilateral investment
treaty, with respect to expropriation of bank and related assets
In recent years there has been criticism that international investment
treaties and investor - State
arbitration conducted
under those
treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States» regulatory power.
A state would therefore not be immune from the adjudicative jurisdiction of the English courts with respect to court proceedings that related to an
arbitration under a bilateral investment
treaty to which the state was a party.
We have extensive experience acting as counsel in international commercial and investment
treaty arbitrations under all major arbitral rules, seated in Australia and around the world.
the Government of Malaysia in a US$ 1.2 billion
arbitration against the Republic of Singapore concerning the interpretation of a bilateral
treaty, conducted
under the Permanent Court of
Arbitration Optional Rules for Arbitrating Disputes Between Two States
In international investment
treaty and commercial
arbitrations in virtually every country in Central and South America
under all major arbitral rules and institutions, including among others International Centre for Settlement of Investment Disputes («ICSID»), International Chamber of Commerce («ICC»), United Nations Commission on International Trade Law («UNCITRAL»), and International Centre for Dispute Resolution («ICDR»);
It is «safe to assume» that Repsol will be exploring its options
under bilateral investment
treaties to bring an
arbitration case against Argentina that could be filed at the ICSID, Smutny said.
Representing Total in ICSID
arbitration proceedings
under the France — Argentina bilateral investment
treaty.