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Investment Arbitration

Renewable Energy Arbitration

20/11/2022 by Aceris Law LLC

Renewable Energy Arbitration

Climate change is one of the most concerning phenomena in today’s world. One of the tools almost every country is using to combat global warming is to incentivize the use of renewable energy sources, as opposed to the use of fossil fuels. Humanity has relied on fossil fuels without taking into consideration the long-term consequences. […]

Filed Under: Energy Charter Treaty Arbitration, Investment Arbitration

Climate Law in Investment Arbitration – Two Sides of the Same Coin

20/08/2022 by Aceris Law LLC

Climate law in investment arbitration

The role of climate law in investment arbitration is a problematic issue. Even though environmental consciousness and sustainability are increasingly important in today’s world, and investment arbitration tribunals have also recently recognized the importance of adjusting investment law to support the goals of climate law, there seems to exist a clash between the two fields […]

Filed Under: ICSID Arbitration, Investment Arbitration

Assessing and Forecasting Costs in Investment Arbitration

17/08/2022 by Aceris Law LLC

Graph-Cost-in-Investment-Arbitration-1

Many variables can influence the costs of investment arbitration. While the costs of parties’ counsel and the arbitral tribunal’s fees are far from trivial, other potential variables may be useful to assess and forecast the costs of investment arbitration disputes. In this post, we will explore how some variables may impact the parties’ overall costs […]

Filed Under: Investment Arbitration

Denial of Benefits in Investment Arbitration

26/06/2022 by Aceris Law LLC

Denial-of-Benefits-in-Investment-Arbitration

Many of the Multilateral and Bilateral Investment Treaties (BITs) concluded in recent decades contain a provision often referred to as a denial of benefits clause. Examples include the Netherlands Model BIT[1], the Comprehensive Economic and Trade Agreement between Canada and Europe (CETA)[2] and most notably the Energy Charter Treaty (ECT).[3] The aim of denial of […]

Filed Under: Energy Charter Treaty Arbitration, Investment Arbitration

Customary International Law and Investment Arbitration

03/06/2022 by Aceris Law LLC

Customary International Law

Customary international law plays a significant role in investment arbitration disputes. Parties frequently rely on customary international law as a secondary source of law under a bilateral investment treaty (BIT) or a State contract. In some cases, arbitral tribunals have accepted a more prominent role of customary law, i.e., as a self-standing source of international […]

Filed Under: ICSID Arbitration, Investment Arbitration, Public International Law

Umbrella Clauses in Investment Arbitration

01/05/2022 by Aceris Law LLC

Umbrella clause investment arbitration

In investment arbitration, an umbrella clause can constitute an advantage for investors, protecting investments by placing obligations entered into by a host State of investment under the protective “umbrella” of an international treaty. By linking the violation of local law to the violation of a Bilateral Investment Treaty (“BIT”), contract claims may in particular be […]

Filed Under: ICSID Arbitration, Investment Arbitration

Expropriation in Investment Arbitration

13/03/2022 by Aceris Law LLC

Expropriation in investment arbitration concerns two notions: (1) each State’s right to exercise sovereignty over its territory and (2) each State’s obligation to respect properties belonging to foreigners. The first means that a State may, in special circumstances, expropriate a foreign investor’s property. The second means that the expropriation of foreign-held properties will only be […]

Filed Under: ICSID Arbitration, Investment Arbitration

Fair and Equitable Treatment in Investment Arbitration

23/01/2022 by Aceris Law LLC

Fair and equitable treatment

Fair and equitable treatment is a prominent standard of protection in investment arbitration disputes, which is present in most bilateral investment treaties (“BITs”).[1] The standard has evolved in post-World War II treaties. The 1948 Havana Charter for an International Trade Organization is said to be the first treaty to include “just and equitable treatment” for […]

Filed Under: ICSID Arbitration, Investment Arbitration

Moral Damages in Investment Arbitration

12/12/2021 by Aceris Law LLC

Moral Damages Investment Arbitration

Under public international law, the right to claim moral damages is enshrined in Article 31(2) of the Articles on Responsibility of States for Internationally Wrongful Acts pursuant to which the obligation of a State to make full reparation for the injury by the internationally wrongful act includes “any damage, whether material or moral”. The commentary […]

Filed Under: ICSID Arbitration, Investment Arbitration

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