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You are here: Home / Archives for Investment Arbitration

Arbitration Under the OIC Investment Agreement

13/09/2020 by Aceris Law LLC

Arbitration OIC Investment Agreement

Many investors are unaware of the existence of the Agreement for the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference (the “OIC Investment Agreement”) and its provisions regarding dispute settlement. The Organization of the Islamic Conference (the “OIC”; Arabic: منظمة التعاون الإسلامي‎; French: Organisation de la […]

Filed Under: Egypt Arbitration, Investment Arbitration, Jordan Arbitration, Libya Arbitration, Qatar Arbitration, Saudi Arabia Arbitration, United Arab Emirates 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

Consent to Arbitration Based on Investment Codes

18/07/2020 by Aceris Law LLC

Arbitration Investment Codes

In international arbitration, consent to arbitration can be expressed in different forms, including in domestic laws. While it is widely recognized that States can commit themselves by way of international treaties (or by virtue of contracts covering future disputes), States can also give their consent to arbitration based on investment codes. Due to the significant […]

Filed Under: Investment Arbitration

Energy Charter Treaty: Current Status between EU States

25/06/2020 by Aceris Law LLC

Energy Charter Treaty

The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty is preceded by the European Energy Charter adopted in December 1991, under which signatories […]

Filed Under: Energy Charter Treaty Arbitration, Investment 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

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