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You are here: Home / Archives for Bilateral Investment Treaty

Proving Corruption in Investment Arbitration – Lao Holdings v. The Lao People’s Democratic Republic

26/09/2019 by Aceris Law LLC

Corruption in Investment Arbitration

Defenses based on alleged corruption-related activities by investors have become popular by States in investment arbitration.  Given the seriousness of such accusations, one of the most important tasks for arbitral tribunals is undoubtedly to sort out legitimate defenses based on well-established facts of corruption from unfounded insinuations. Therefore, the approach undertaken by arbitral tribunals regarding […]

Filed Under: Arbitrators, Bilateral Investment Treaty, Investment Arbitration

Interest in International Investment Arbitration

24/09/2019 by Aceris Law LLC

Interest in International Investment Arbitration

In international investment arbitration interest may represent a significant portion of a final award and it is not uncommon for interest to exceed actual damages.[1] While not being an independent remedy, interest represents an important element of compensation.[2] The main purpose of an award of interest is “to compensate the damage resulting from the fact that, […]

Filed Under: Bilateral Investment Treaty, Damages in Arbitration, Investment Arbitration

Arbitragem CIRDI: o que é uma disputa de investimento estrangeiro?

10/07/2019 by Aceris Law LLC

Uma disputa de investimento estrangeiro é aquela entre um investidor originário de um determinado país e o governo de um país diverso relacionada a um investimento no país hospedeiro/receptor. Muito embora este assunto pareça simples, existem diversas questões bastante complexas. Uma questão importante é aquela sobre do quê se trata um investimento. A partir do […]

Filed Under: Bilateral Investment Treaty, UNCITRAL Arbitration

William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration

28/06/2019 by Aceris Law LLC

William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]

Filed Under: About Aceris, Bilateral Investment Treaty, France Arbitration, ICSID Arbitration

Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration

13/05/2019 by Aceris Law LLC

Arbitrary Measures in Investment Arbitration

The prohibition of discriminatory, unreasonable and/or arbitrary measures affecting investors’ investments normally figures among the protection standards provided by bilateral or multilateral investment treaties. Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness or discrimination is closely linked […]

Filed Under: Arbitration Rules, Bilateral Investment Treaty, Investment Arbitration

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Commodity Arbitrations

Overheads and Profit Claims in Construction Arbitration

William Kirtley Interviewed by RadioFreeEurope Regarding Investment Arbitration

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