Last Friday, the East African Court of Justice, which settles regional
disputes under a treaty binding Burundi, Kenya, Rwanda, Tanzania and Uganda, ruled that the road was unlawful.
However, BITs also contain compromissory clauses by which disputes concerning the interpretation or application of
disputes under these treaties can be brought before arbitral tribunals established under the BIT.
Not exact matches
Such claims, however, have little practical effect
under the
treaty, which does not recognize,
dispute, or establish territorial claims, and establishes an access system to the continent governed by the 50 nations that have signed the
treaty.
The arbitral tribunal was convened in 2010 pursuant to the terms of the bilateral investment
treaty between Uruguay and Switzerland
under the auspices of the International Centre for Settlement of Investment
Disputes, in Washington.
One of our suggestions was that looking at the enforcement of and compliance with decisions rendered
under international investment
treaties could prove a useful means of measuring progress on the rule of law, since the way countries deal with their
disputes provides evidence of accountability.
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.
The monopoly of
dispute settlement maintained by the EU courts
under Art. 344 TFEU obliges the Member States to settle
disputes concerning the interpretation or application of the
Treaties by no other means than the ones provided for in the latter and thereby strengthens the jurisdictional order of competences within the EU.
Represented the Republic of Uruguay before the International Centre for the Settlement of Investment
Disputes in defense of claims brought by Philip Morris International
under the Uruguay - Switzerland bilateral investment
treaty concerning Uruguay's tobacco control regulations.
In 2014, the SCC also received applications for the appointment of an Emergency Arbitrator in two
treaty disputes under the SCC Rules for the first time.
In 2014 all investment
treaty disputes were decided
under the SCC Rules.
We regularly advise on and act in
disputes arising
under bilateral investment
treaties (BITs) and multilateral investment
treaties (such as the Energy Charter Treaty and NAFTA).
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).
Most of the investment
disputes under SCC Rules arose from bilateral investment
treaties and the Energy Charter Treaty.
A. 15
Under the
treaties establishing Mercosur, in the first instance,
disputes are resolved by direct negotiations.
While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea
dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules
under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS
treaty regime;
2015 was once again a record year for investment
treaty disputes with 12 investor
treaty cases being administered
under the SCC Rules.
He specialises in construction and energy
disputes, particularly upstream, pursuant to contracts and
under the auspices of bilateral investment
treaties.
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.
Disputes between an aerospace company and a Middle Eastern state involving claims
under a bilateral investment
treaty and contractual instruments.
He acts as counsel, representing investors and states in a large number of
disputes under bilateral investment
treaties across a variety of sectors, including hydrocarbons, banking and financial services, water, electricity, telecommunications, food distribution, mining and steel industries.
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.
Far better to ask the Court to resolve it
under the special procedure in Article 273 TFEU, which would surely apply: «The Court of Justice shall have jurisdiction in any
dispute between Member States which relates to the subject matter of the
Treaties if the
dispute is submitted to it
under a special agreement between the parties.»
Enforcement issues are, however, less likely to arise in relation to investment
treaty disputes arbitrated under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public
disputes arbitrated
under the Convention on the Settlement of Investment
Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public
Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID awards before national courts on traditional New York Convention grounds (which include public policy).
Blakes International Trade lawyers are industry leaders who have successfully represented clients in
disputes arising
under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), a variety of bilateral and international trade and investment agreements and
treaties, and in WTO retaliation proceedings.
Our public international law practice finds us advising on claims
under the European Convention of Human Rights,
disputes involving the application of the Kyoto Protocol to the UN Framework Convention on Climate Change, the rules and principles concerning dealings with the effective government of a State, the customary rules of the Law of the Sea and the effects of termination of and withdrawal from international
treaties.
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 an independent
dispute - settlement institution which can be chosen by member States as a forum for resolution of investor - State
disputes in their investment
treaties, investment laws and investment contracts, with
disputes resolved
under the Convention and the ICSID Arbitration Rules.
If it continues to grow and more states accede, some are suggesting that the Convention could serve as a template for a further
treaty introducing a multilateral investment court system for resolution of investor - state
disputes under existing investment
treaties.
In the longer term, the obvious problem of a proliferation of individual,
treaty - specific investment courts is sought to be overcome by the establishment of the MIC referred to above, which would have jurisdiction over
disputes arising
under any number of investment
treaties.