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 […]
Investment Arbitration
The Cost of Investment Arbitration: UNCITRAL, ICSID Proceedings and Third-Party Funding
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, […]
International Arbitration and Human Rights – Igor Boyko v. Ukraine
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 […]
Provisional Measures in International Investment Arbitration – To What Extent Are They Binding and Enforceable?
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 […]
Investor’s Consent to ICSID Arbitration Under Côte d’Ivoire’s Investment Code
A request for acceptance of the investment constitutes valid evidence of the investor’s consent to ICSID arbitration under Côte d’Ivoire’s Investment Code. This is the finding of the arbitral tribunal in an ICSID arbitration initiated by an Ivoirian company, Société Resort Company Invest Abidjan, and two French nationals, Stanislas Citerici and Gérard Bot, against the Republic of […]
Mytilineos v. The Republic of Serbia: Serbia Held Liable in Investment Arbitration
The 2013 Mytilineos v The Republic of Serbia investment arbitration came to an end in August 2017 and Serbia was found to have breached the applicable bilateral investment treaty. According to Mytilineos’s press release, the investment arbitration concerned RTB Bor, a copper mining and smelting company that was subject to privatization. While the Tribunal has […]
Transparency in Investment Arbitration
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 […]
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 […]