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Tribunal navigates the procedural minefield in Abaclat v Argentina, issuing its 17th procedural order
On 8 February 2013, the majority of the tribunal in the famous Abaclat and Others v Argentina case issued its 17th procedural order. The first such order …
Partial annulment of ICSID award against Chile
In the latest instalment of the Victor Pey Casado and Foundation "Presidente Allende" v Republic of Chile saga, an ad hoc committee (the Committee) has …
Thailand and the impounded Boeing 737
Herbert Smith Freehills associates Vanina Sucharitkul and Gregory Travaini have published an article entitled 'The Impounded Boeing 737' in the eighth …
ICSID Tribunal discusses hierarchy between EU law and ECT in Electrabel case
Hungary has recently seen claims brought against it by a Belgian investor for breaches of the Energy Charter Treaty (ECT) dismissed in the case of …
The Law of State Responsibility: University's conduct not attributable to Ukraine
In an Award on jurisdiction and liability published on 25 October 2012, an ICSID Tribunal dismissed the claims brought by US investors Bosh …
Record Award Against Ecuador Demonstrates Willingness of Tribunal to Review State Decisions on Grounds of Proportionality
In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID …
OIC investment treaty – investor protection in the Islamic world
One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will …
Supreme Arbitrazh Court in Russia publishes reasoning in Sony Ericsson case invalidating unilateral options in dispute resolution clauses
Russia's highest court has issued a decree which potentially invalidates a jurisdiction clause which is widely used by investors and lenders in Russia. …
Consistently inconsistent: another contrasting decision on 'Most Favoured Nation' provisions, another split decision
In Daimler Financial Services AG v Argentine Republic, an ICSID tribunal considered whether Daimler, a German investor, could rely on the 'most favoured …
China-Taiwan Bilateral Investment Protection Agreement: dispute resolution mechanisms exclude international arbitration
On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed the Cross-strait Bilateral Investment Protection and …
Expropriation through taxation - in which circumstances might there be a remedy under international investment law?
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Bilateral Investment Agreement signed between Iraq and Japan on 7th June 2012
A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major …
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