The increasing prevalence of such claims is troubling to many because it puts international
investment arbitral tribunals in the position of evaluating the policies of host states.
Not exact matches
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.
Achmea casts serious doubts on the legality of CETA's
investment chapter, which allows investors from one Party to submit to an
arbitral tribunal a claim that the other Party has breached an obligation under CETA.
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 W
investment treaty between Uruguay and Switzerland under the auspices of the International Centre for Settlement of
Investment Disputes, in W
Investment Disputes, in Washington.
Contrary to the Stockholm District Court, the Svea Court of Appeal found that the
arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor's
investments in Yukos Oil Company.
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.
This case follows on from the recent judgment in Sanum
Investments Ltd v Government of the Lao People's Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor - State
arbitral tribunal did have jurisdiction to hear claims against the Government of Laos.
Mr. Figueroa represents foreign governments and corporate clients before U.S. federal courts and international
arbitral tribunals, including the International Centre for Settlement of
Investment Disputes (ICSID), the International Chamber of Commerce (ICC) and the International Center for Dispute Resolution (ICDR).
Chairman or member of
Arbitral Tribunals in more than 150 commercial or
investment arbitrations carried out under the rules of the ICC, ICSID, UNCITRAL, SCC, LCIA, AAA, Vienna
Arbitral Chamber, Milan
Arbitral Chamber and the Cairo Regional Centre for International Commercial Arbitration.
Counsel for Stans Energy Corporation before the High Court of England and Wales defending a challenge brought by the Kyrgyz Republic to the jurisdiction of an
arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign
Investment Law.
BG Group won the award in 2007 after an
arbitral tribunal found that the emergency law Argentina enacted after its economy collapsed in 2002 breached the UK - Argentina Bilateral
Investment Treaty (BIT).
At Foley Hoag, he will be defending sovereign State clients against claims by investors before the International Centre for the Settlement of
Investment Disputes (ICSID) and other
arbitral tribunals.
Disputes relating to BITs are heard in
arbitral tribunals administered by the International Centre for Settlement of
Investment Disputes (ICSID), an arm of The World Bank, or similar arbitration centers.
She specialises in
investment arbitration, public international law and international commercial arbitration, and represents states and corporations before international
arbitral tribunals and the International Court of Justice.
Further,
investment treaty
arbitral tribunals in particular may face difficult questions about the correct evidential burden and standard of proof to apply, especially in relation to corruption allegations.
On 6 March 2018 the Grand Chamber of the CJEU ruled in the Achmea decision (C - 284 / 16) that the bilateral
investment treaty (BIT) between The Netherlands and the Slovak Republic violated EU law because it allowed an
arbitral tribunal to interpret provisions of EU law in a dispute between investors and (Member) States, while such interpretation...
Most bilateral
investment treaties concluded between the Chinese and OBOR governments allow an investor to bring
investment claims against the host country before an international
arbitral tribunal constituted under the UNCITRAL Arbitration Rules (the UNCITRAL Rules).
He has appeared before a wide range of international
tribunals including
arbitral tribunals established under bilateral
investment treaties, WTO panels and the WTO's Appellate Body.