In 2015, as a result of the increase of Brazilian investment overseas, the Brazilian government, in consultation with private entities, elaborated so-called Cooperation and Facilitation Investment Agreements (“CFIA”s – or “ACFI” in its Portuguese acronym). The CFIA’s aim was to facilitate and stimulate reciprocal investments between States, especially in strategic sectors, much like the Bilateral […]
Bilateral Investment Treaty
Consent in Investment Arbitration
Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]
Market Access of Foreign Investors under Bilateral Investment Treaties
Market access of foreign investors is the ultimate step for the entrance of foreign capital into a host country. Most countries today regulate the admission of the foreign direct investment through a special legal framework agreed with other countries and entities on a bilateral and sometimes multilateral level. By entering into such treaties, States agree […]
Mytilineos v. The Republic of Serbia: Serbia Held Liable in Investment Arbitration
The 2013 Mytilineos v The Republic of Serbia investment arbitration came to an end in August 2017 and Serbia was found to have breached the applicable bilateral investment treaty. According to Mytilineos’s press release, the investment arbitration concerned RTB Bor, a copper mining and smelting company that was subject to privatization. While the Tribunal has […]
Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law
The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]
FRAPORT AG FRANKFURT AIRPORT SERVICES WORLDWIDE V. REPUBLIC OF THE PHILIPPINES (ICSID CASE NO.ARB/03/25) – DECISION ON THE APPLICATION FOR ANNULMENT – 23 December 2010
This dispute concerned Fraport AG Frankfurt Airport Services Worldwide’s (“Fraport”) application for annulment of an ICSID award issued on 16 August 2007. This arbitral award had been the result of a dispute in relation to a concession agreement for the construction and operation of a terminal at the international airport in Manila. In 2002, Respondent, […]
Aceris Law Co-Sponsors International Arbitration Conference
Aceris Law is co-sponsoring an international arbitration conference with Hogan Lovells, Dechert, White & Case and Dentons, to be held on 2 June 2017 at the Centre Panthéon in Paris, France. The conference will be composed of a series of round table discussions including a variety of distinguished speakers in the field of international arbitration. […]
BURIMI SRL AND EAGLE GAMES SH.A V. REPUBLIC OF ALBANIA (ICSID CASE NO. ARB/11/18) AWARD – 28 May 2013
This ill-fated case was governed by the Agreement for the Promotion and Protection of Investments concluded between Italy and the Albania (“BIT”), Albania’s Foreign Investment Law (“FIL”) and the ICSID Convention and Arbitration Rules. In 2004, Eagle Games, a lottery tickets company, applied for a gambling permit from Albania’s Finance Ministry and was awarded a […]
