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ICSID Arbitration

Duty to Mitigate Damages in Investment Arbitration

17/08/2018 by Aceris Law LLC

Investment Arbitration Damages

Notion of the Duty to Mitigate Damages Along with contributory negligence, a duty to mitigate damages is considered as a “compensation-reducing”[1] factor. However, contrary to contributory negligence, the duty to mitigate damages arises only after the breach of an international obligation. It implies an obligation for an aggrieved party to “take steps to minimize his loss, on […]

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

ICSID Arbitration Rules Draft Amendments Issued

03/08/2018 by Aceris Law LLC

ICSID Arbitration Rules Draft Amendments Issued

It has been 12 years since the ICSID Arbitration Rules’ latest update. ICSID Arbitration Rules draft amendments were published earlier this month. One of the overall goals of the amendments is to increase efficiency. Another is to increase transparency, especially with respect to third-party funding. These amendments may constitute the most significant changes made to […]

Filed Under: Arbitration Rules, ICSID Arbitration, International Arbitration

Choosing ICSID or UNCITRAL Arbitration for Investor-State Disputes

29/06/2018 by Aceris Law LLC

ICSID or UNCITRAL for Investor-State Disputes

Should a foreign investor opt for ICSID arbitration or UNCITRAL arbitration when a choice exists? Foreign investors involved in a dispute with a host State of investment are often able to choose between initiating ICSID arbitration under the ICSID Convention or ad hoc arbitration under the UNCITRAL Arbitration Rules in order to resolve their investment dispute. This […]

Filed Under: ICSID Arbitration, UNCITRAL Arbitration

Enforcing an Investment Arbitration Award: When States Refuse to Pay

02/06/2018 by Aceris Law LLC

Enforcing Investment Arbitration Award

Enforcing an investment arbitration award against a sovereign State is not easy. It is particularly hard when that State firmly refuses to pay after losing an arbitration. Such a situation is obviously problematic for an investor. An investor must spend considerable resources, usually in the realm of millions of dollars, prior to receiving a favorable […]

Filed Under: Enforcement of Arbitration Awards, ICSID Arbitration, Investment Arbitration

States as Claimants in Investment Arbitration

23/05/2018 by Aceris Law LLC

State Investment Arbitration

In classic investment arbitration disputes, an investor brings claims against a host country under an investment treaty, an investment contract, or both. Since only States are parties to bilateral investment treaties, they have obligations under these agreements. These treaties aim to give rights to foreign investors. Thus, the growth of investment disputes over the last […]

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

ICSID Caseload Statistics

22/04/2018 by Aceris Law LLC

ICSID Caseload Statistics

Recently, the International Centre of Settlement of International Dispute (“ICSID”) announced a new case record.[1] According to its caseload statistics published on 2 February 2018, the institution registered a record of 53 claims over 2017. Out of these cases, 49 were submitted under the ICSID Convention, while 4 were conducted under the ICSID Additional Facility rules. The […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration

ICSID Denunciation – Should Investors be Worried?

07/03/2018 by Aceris Law LLC

ICSID Denunciation Investors

Arbitration is only possible when both the claimant and the respondent have consented to it. In Investment Treaty Arbitration specifically, an investor can “perfect consent” by accepting an offer to arbitrate in an investment treaty. This article explores the significance of ICSID Denunciation in light of Fábrica de Vidrios Los Andes, C.A. & Owens-Illinois de Venezuela, C.A. […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration

International Arbitration in Kyrgyzstan

15/02/2018 by Aceris Law LLC

International Arbitration Kyrgyzstan

International arbitration in the ex-Soviet Republic of Kyrgyzstan, as was the case in most ex-Soviet republics, was not a popular dispute resolution mechanism until  15 years ago. Today, international arbitration in Kyrgyzstan is governed by the Law on Arbitration Courts (2002). The Kyrgyz Law on Arbitration Courts is a modern law largely based on the UNCITRAL Model […]

Filed Under: ICSID Arbitration, International Arbitration, Kyrgyz Republic Arbitration, UNCITRAL Arbitration

State Counterclaim in Investment Arbitration

15/01/2018 by Aceris Law LLC

State Investment Arbitration

An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration, Investment Arbitration

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