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 […]
ICSID Arbitration
Third-Party Funding under ICSID Amendments: Balance Between States’ and Investors’ Interests
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 […]
Refusing to Participate in Arbitration Proceedings
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, […]
How to Reduce the Overall 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 […]
CIADI
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 […]
Advance on Costs in ICSID Arbitration
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 […]
William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration
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 […]
Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea
The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]
The Concept of Arbitrability in Arbitration
Arbitrability concerns whether a type of a dispute can or cannot be settled by arbitration. In practical terms, arbitrability answers the question of whether a subject matter of a claim is or not reserved to the sphere of domestic courts, under the provisions of national laws. If the dispute is not arbitrable, the arbitral tribunal […]
