Many foreign investors would quite naturally like to know the success rate of investment arbitration claims, and whether or not they should expect to win a case, prior to spending three years and hundreds of thousands of dollars on the fees of arbitrators, arbitral institutions, experts and lawyers. While the chances of success of each case of course depend […]
Investment Arbitration
Restitution in Investment Arbitration
In case of outright expropriation or the creeping expropriation of an investment, or of a harm caused by wrongful acts committed by a host State, restitution in investment arbitration is possible, amongst other remedies. The foreign investor can request an arbitral tribunal to order the State to fully repair the injuries it has causes. The […]
ECT Remains Available for Intra-EU Investor-State Disputes
European Union (EU) investors can bring investment claims against another EU Member State under the Energy Charter Treaty (ECT). This is the finding of the SCC arbitral tribunal in the Charanne v. Spain case (Award of 21 January 2016). This award clarifies uncertainties regarding intra-EU investment-states dispute settlement (ISDS) arising under the ECT. Claimants, two companies […]