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Investment Arbitration

Damages in Investment Arbitration

12/02/2018 by Aceris Law LLC

Damages Investment Arbitration

The recovery of damages in investment arbitration is a multi-layered and complex issue. You do not need to be an expert, however, to understand the most important concepts. Introduction and Basic Principles The root of all claims for damages under public international law is the Chorzów case. In it, the Permanent Court of International Justice (the predecessor […]

Filed Under: Damages in Arbitration, International Arbitration Institutions, Investment Arbitration

State Counterclaim in Investment Arbitration

15/01/2018 by Aceris Law LLC

State Investment Arbitration

An ICSID arbitral tribunal awarded approximately USD 40 million in damages to Ecuador for the foreign investor’s liability for the costs of restoring the environment in an area concerned by the investment. This award of a counterclaim in investment arbitration was made by an arbitral tribunal composed of Gabrielle Kaufmann-Kohler, Brigitte Stern and Stephen Drymer in […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration, Investment Arbitration

Brazil and the Cooperation and Facilitation Investment Agreement (CFIA): A Step Backwards for Arbitration?

13/01/2018 by Aceris Law LLC

Brazil investment Arbitration

In 2015, as a result of the increase of Brazilian investment overseas, the Brazilian government, in consultation with private entities, elaborated so-called Cooperation and Facilitation Investment Agreements (“CFIA”s – or “ACFI” in its Portuguese acronym). The CFIA’s aim was to facilitate and stimulate reciprocal investments between States, especially in strategic sectors, much like the Bilateral […]

Filed Under: Bilateral Investment Treaty, Brazil Arbitration, International Arbitration, Investment Arbitration

Consent in Investment Arbitration

05/01/2018 by Aceris Law LLC

Consent Investment Arbitration

Investment arbitration, like any arbitration, is a creature of contract. A party submitting a case to the International Centre for Settlement of Investment Disputes (the “Centre”) therefore must ensure that their adversaries have consented to arbitrate. This article answers the ‘what, how, and when’ of consent in investment arbitration. What is “Consent”? Article 25(1) of […]

Filed Under: Bilateral Investment Treaty, ICSID Arbitration, International Arbitration, Investment Arbitration

Obtaining Third-Party Funding for International Arbitration – How It Works

02/01/2018 by Aceris Law LLC

third-party funders

Obtaining third-party funding for international arbitration is not an easy process. Aceris Law LLC has already written about the issue here. When searching for third-party funding,  prospective litigants often lack information on the requirements and knowledge of what is required to successfully fund an arbitration. By composing the following list, we hope to demystify the […]

Filed Under: International Arbitration, Investment Arbitration, Third-Party Funding

Disclosure of Third-Party Funding in International Arbitration

29/12/2017 by Aceris Law LLC

Third-Party Funding Arbitration

The disclosure of third-party funding is becoming increasingly common in international arbitration proceedings. This is reasonable, as the fact that there is an outside influence on the case affects the decision-making process and impacts issues such as transparency, impartiality, independence and conflicts of interest. For instance, if a third-party funder has a conflict of interest […]

Filed Under: ICC Arbitration, International Arbitration, Investment Arbitration, Third-Party Funding

The Cost of Investment Arbitration: UNCITRAL, ICSID Proceedings and Third-Party Funding

27/12/2017 by Aceris Law LLC

Arbitration UNCITRAL ICSID

Party Costs in Investment Arbitration In a recent article by Global Arbitration Review, the second edition of a recent empirical study reveals that the cost of investment arbitration is unfortunately on the rise yet again. Since 2013, average party costs were a massive USD 7.41 million for claimants and USD 5.19 million for respondents. Before then, […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration, UNCITRAL Arbitration

International Arbitration and Human Rights – Igor Boyko v. Ukraine

25/12/2017 by Aceris Law LLC

International Arbitration Human Rights

The issue of consolidation between international arbitration and human rights has always been subject to controversies and doctrinal debates[1]. One reason for these controversies stems from the fact that human rights law and investment law follow different objectives. As stressed by J. Paulsson, while the first “deal[s] with rights of individuals that are inalienable whether or […]

Filed Under: Human Rights Arbitration, International Arbitration, Investment Arbitration, Ukraine Arbitration, UNCITRAL Arbitration

Provisional Measures in International Investment Arbitration – To What Extent Are They Binding and Enforceable?

22/12/2017 by Aceris Law LLC

The authority of arbitral tribunals to grant interim or provisional measures in international investment arbitration is today uncontested and represents current practice[1]. This “inherent power”[2] of arbitral tribunals is encompassed in multiple investment arbitration instruments, such as Article 47 of the ICSID Convention, Article 39 of the ICSID Arbitration Rules, Article 26 of the UNCITRAL Arbitration Rules and Article 1134 of the […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration, UNCITRAL Arbitration

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