Transparency in Investment Arbitration: Entry into Force of the Mauritius Convention On 18 April 2017, Switzerland became the third UN Member State to ratify the 2015 United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (“The Mauritius Convention”). The Mauritius Convention reaffirmed the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (UNCITRAL Rules) and […]
Investment Arbitration
Aceris Co-Sponsors Conference on the Protection of Foreign Investments
Aceris Law co-sponsored a one-day-conference on international arbitration and the protection of foreign investments organised on June 2, 2017 by Student Societies from 4 French universities: the Association des Juristes de Droit International (Paris 1 Panthéon-Sorbone), the Association du Master 2 de Droit International Economique (Paris 2 Panthéon-Assas), the Association des Anciens Etudiants de Droit […]
Provisional Measures in ICSID Investment Arbitration
The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]
Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law
The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]
SAUR INTERNATIONAL SA V. REPUBLIC OF ARGENTINA (ICSID CASE NO. ARB/04/4)
The Claimant in this case was a subsidiary of Société d’Aménagement Urbain et Rural, S.A., specializing in water production, water treatment, water distribution and sanitization. The Claimant had participated and won a bid by the Province of Mendoza to privatize the Argentinian company Obras Sanitarias Mendoza (“OSM”). OSM and the Province then signed a concession […]
Aceris Law Co-Sponsors International Arbitration Conference
Aceris Law is co-sponsoring an international arbitration conference with Hogan Lovells, Dechert, White & Case and Dentons, to be held on 2 June 2017 at the Centre Panthéon in Paris, France. The conference will be composed of a series of round table discussions including a variety of distinguished speakers in the field of international arbitration. […]
Limits to the Police Powers Doctrine
According to the police powers doctrine, host States may enforce their laws against the foreign investors without being liable of any wrongdoing. For example, a host State may revoke a concession granted to an investor if the latter does not comply with laws of the former. The tribunal in Quiborax v. Bolivia agreed with the […]
Valeri Belokon v. Kyrgyz Republic – Money Laundering in Investment Arbitration
On 14 October 2014, an UNCITRAL arbitral tribunal in the case Valeri Belokon v. Kyrgyz Republic, whose composition included Kaj Hober, Niels Schiersing and Jan Paulsson as President, found Kyrgyzstan liable for the unlawful expropriation of Claimant’s investment. The investment claim had been brought in 2011 by Valeri Belokon, a Latvian investor, against the Kyrgyz […]
Duty to Disclose Third Party Funding in International Arbitration
Is there a duty to disclose third party funding in international arbitration? In the resolution of disputes through international arbitration, whether it involves cases of Investment or Commercial Arbitration, parties increasingly resort to so-called “third party funding” (“TPF”). TPF provides prospective parties to a dispute with the ability to request financing from other entities to […]
