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ICSID Arbitration

How to File an ICSID Request for Arbitration

23/04/2020 by Aceris Law LLC

ICSID Request for Arbitration

The filing of a Request for Arbitration before the World Bank’s International Centre for Settlement of Investment Dispute (the “Centre” or the “ICSID”) is a crucial and relatively straightforward step. In 2019, the ICSID Secretary-General received 39 requests for arbitration.[1] Almost all arbitration rules, including the ICSID Arbitral Rules,[2] provide that a party wishing to […]

Filed Under: Arbitration, ICSID Arbitration

Coronavirus (COVID-19) and Courts: Moving from Litigation to Arbitration?

18/04/2020 by Aceris Law LLC

The global difficulties caused by the coronavirus (COVID-19), various State measures imposing restrictions on the movement of people, social distancing and complete lockdowns, while necessary to protect health, are inevitably having an impact on litigation in national courts, globally. In certain countries courts have had to limit, or to even entirely close, their operations due […]

Filed Under: ICC Arbitration, ICDR Arbitration, ICSID Arbitration, LCIA Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration, Virtual Hearings

The COVID-19 Pandemic and Investment Arbitration

26/03/2020 by Aceris Law LLC

Covid-19-pandemic-investment-arbitration

As the outbreak of the COVID-19 pandemic has already impacted over 150 countries worldwide, it is hard to imagine that investment arbitration will not be impacted. While the future remains uncertain, the response to the COVID-19 pandemic is likely to violate various protections provided in bilateral investment treaties (“BITs”) and may bring rise to claims […]

Filed Under: ICSID Arbitration

Bifurcation in Investment Arbitration

01/03/2020 by Aceris Law LLC

Bifurcation in investment arbitration

In investment arbitration, it is rather common for arbitral tribunals to deal with preliminary issues prior to any consideration of the merits of a case. In such scenarios, the main question is whether to asses these issues together with other matters to be ruled upon in the final award or to deal with them in […]

Filed Under: ICSID Arbitration, Investment Arbitration

Third-Party Funding under ICSID Amendments: Balance Between States’ and Investors’ Interests

20/12/2019 by Aceris Law LLC

ICSID Rules Amendment

Over the past decade, the use of Investor-State Dispute Settlement (“ISDS”) mechanisms to challenge public policies has been a topic of attention and pressure from Non-Governmental Organizations and States to reform ISDS has increased.[1] This has led to proposals for amendment of the ICSID Rules. Working Paper #3, containing the latest proposals, may be found […]

Filed Under: Arbitration, ICSID Arbitration, Investment Arbitration

Refusing to Participate in Arbitration Proceedings

13/12/2019 by Aceris Law LLC

Parties who signed a binding arbitration agreement are, in principle, bound by its terms. Once a dispute arises and a claimant  commences arbitration proceedings against a respondent, a general assumption is that the parties will cooperate and actively participate in the proceedings. In practice, however, it can happen that the other party, usually the respondent, […]

Filed Under: Arbitration Rules, ICC Arbitration, ICSID Arbitration, SCC Arbitration, SIAC Arbitration, UNCITRAL Arbitration

How to Reduce the Overall Cost of Investment Treaty Arbitration

13/10/2019 by Aceris Law LLC

Cost of Investment Treaty Arbitration

Investment treaty arbitration has various flaws, but one flaw that is acknowledged by both foreign investors and States who use the dispute resolution system is that, in practice, it can be incredibly expensive. The costs of investment treaty arbitration can be unbearable for certain States, who have far better uses for public funds, and they […]

Filed Under: ICC Arbitration, ICSID Arbitration, Investment Arbitration, UNCITRAL Arbitration

CIADI

03/08/2019 by Aceris Law LLC

El Centro Internacional de Arreglo de Diferencias Relativas a Inversiones es la institución líder en la resolución de controversias nacidas entre inversionistas y estados ya que los Estados lo han acordado así en la mayoría de los tratados internaciones de inversión o en contratos o en su legislación. Se trata de un proceso de arreglo […]

Filed Under: ICSID Arbitration, Investment Arbitration, Spain Arbitration

Advance on Costs in ICSID Arbitration

12/07/2019 by Aceris Law LLC

The filing of a Request for Arbitration in an ICSID arbitration implies an obligation for the parties to pay several costs needed for the arbitral proceedings. In addition to the legal fees for the parties’ legal representation, and additional party costs such as the cost of experts, and the payment of a non-refundable lodging fee […]

Filed Under: Cost-Efficient Arbitration, ICSID Arbitration, International Arbitration

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