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ICSID Arbitration

Moral Damages in Investment Arbitration

12/12/2021 by Aceris Law LLC

Moral Damages Investment Arbitration

Under public international law, the right to claim moral damages is enshrined in Article 31(2) of the Articles on Responsibility of States for Internationally Wrongful Acts pursuant to which the obligation of a State to make full reparation for the injury by the internationally wrongful act includes “any damage, whether material or moral”. The commentary […]

Filed Under: ICSID Arbitration, Investment Arbitration

Denial of Justice in International Arbitration

08/11/2021 by Aceris Law LLC

Denial of justice international arbitration

Denial of justice in international arbitration concerns acts or omissions of a State’s judiciary for which a State may be internationally liable. Although the judiciary is a functionally independent body from a State’s executive and government, it is still a State’s organ. As a result, States may be held internationally liable for the acts and […]

Filed Under: ICSID Arbitration, Investment Arbitration, Mexico Arbitration

Human Rights Law and Investment Arbitration

25/04/2021 by Aceris Law LLC

Human Rights Law Investment Arbitration

Human rights law is relevant in the realm of investment arbitration. This does not come as a surprise: both investors and host States may turn to public international law provisions, including human rights treaties, to reinforce their respective positions or to put forward autonomous claims. While little attention was initially given to human rights law […]

Filed Under: Argentina Arbitration, Human Rights Law, ICSID Arbitration, Investment Arbitration, Spain Arbitration

Effective Means Provision in Investment Arbitration

11/04/2021 by Aceris Law LLC

effective-means-in-investment-arbitration

In addition to typical standards of investment protection such as fair and equitable treatment, national treatment or most-favored nation treatment, investment treaties sometimes contain an effective means of asserting claims and enforcing rights provision, commonly known as an “effective means provision“. This provision figures mainly in investment treaties concluded by the USA, such as the […]

Filed Under: ICSID Arbitration, Investment Arbitration

MFN Clauses in Investment Arbitration

18/02/2021 by Aceris Law LLC

MFN-investment-arbitration

Most-Favoured-Nation Clauses, or MFN Clauses, figure in the vast majority of investment protection treaties. They are intended to ensure “that a host country extends to the covered foreign investor and its investments, as applicable, treatment that is no less favourable than that which it accords to foreign investors of any third country.”[1] By according such […]

Filed Under: ICSID Arbitration, Investment Arbitration

ICSID Arbitration

13/12/2020 by Aceris Law LLC

ICSID-Arbitration

ICSID arbitration refers to arbitral proceedings conducted under the aegis of the International Centre for Settlement of Investment Disputes (the “ICSID Centre”), established by Article 1 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “Convention”), which entered into force on 14 October 1966. The Convention provides […]

Filed Under: ICSID Arbitration

The International Centre for Settlement of Investment Disputes (ICSID)

21/11/2020 by Aceris Law LLC

International Center for Settlement of Investment Disputes (ICSID)

The International Centre for Settlement of Investment Disputes, or the ICSID, was established under the Convention on the Settlement of Investment Disputes between States ad Nationals of the Other States, also called the Washington or the ICSID Convention,[1] adopted on 18 March 1965, which entered into force “30 days after the date of deposit of […]

Filed Under: ICSID Arbitration

ICSID Caseload – Statistics for Fiscal Year 2020

07/11/2020 by Aceris Law LLC

New ICSID Cases

On 14 August 2020, the International Center for Settlement of Investment Disputes (“ICSID”) published its newest case report, ICSID Caselaw – Statistics (Issue 2020-2), providing data on new cases for the fiscal year 2020 (“FY2020”), i.e., until 30 June 2020.[1] ICSID publishes its reports on ICSID caselaw statistics bi-annually, examining all ICSID cases since the […]

Filed Under: ICSID Arbitration

Lost Profits in Investment Arbitration

26/07/2020 by Aceris Law LLC

Lost profits arbitration

It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]

Filed Under: Damages in Arbitration, ICSID Arbitration, Investment Arbitration

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