The youngest European State has been slowly but gradually becoming a Member of various International Organizations, and now it is facing its first investment treaty arbitration claim.[1] Kosovo has been a member of the IMF and the International Bank for Reconstruction and Development since 2009 and became a member of the ICSID by signing the ICSID […]
Investment Arbitration
International Investment Arbitration
Investment arbitration is a procedure to resolve disputes between foreign investors and host States (also called Investor-State Dispute Settlement or ISDS). The possibility for a foreign investor to sue a host State is considered as a guarantee for the foreign investor that, in the case of a dispute, it will have access to independent and qualified arbitrators who will solve the […]
Rectification of Awards under the ICSID Convention
The rectification of an award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions and minor technical errors in an award. It enables the arbitral tribunal to correct mistakes that may have occurred in the award’s drafting in a non-bureaucratic and expeditious manner. Such corrections are provided for in Article 49(2) of the ICSID Convention: […]
Montenegro ICSID Arbitration Track Record
Since signing the ICSID Convention in 2012, Montenegro’s ICSID arbitration track record has been perfect. Montenegro has now been successful in both cases brought against it under the ICSID Convention. MNSS BV and Recupero Credito Acciaio NV v. Montenegro (ICSID Case No. ARB(AF)/12/8) First, Montenegro prevailed in a dispute with MNSS BV and Recupero Credito Acciao, Netherlands-registered investors in a […]
Multiparty Arbitrations under the 2014 LCIA Rules
The last decade has seen a rising number of arbitrations involving two or more parties. So-called complex and multi-party arbitrations raise numerous practical issues in international arbitration, involving but not limited to the questions of who are the parties to an arbitration agreement, the possibilities of an “extension” of an arbitration agreement, the joinder of a third party, the consolidation of […]
Moldova Investment Arbitrations
In recent years, Moldova has seen a rise in the number of investment arbitrations filed against it. As its judicial system struggles to eliminate corruption and inefficiency, international arbitration is seen as an important tool and a guarantee for international investors. The protection of foreign investments is an important issue in the Moldovan political agenda, since one of its goals is to attract more […]
Emergency Arbitrator Award
Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]
Time Limits to Initiate an Investment Arbitration
The initiation of arbitration proceedings on the basis of investment protection treaties may be subject to time limitations (ratione temporis limitations). The most common types of time limits are the provisions establishing cooling-off periods that may require claimants to wait and attempt to solve the dispute amicably before they can bring a claim. Less common […]
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 […]