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Public International Law

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

Ukraine’s ICJ Claim Against Russia Under the Genocide Convention

05/03/2022 by Aceris Law LLC

On February 26, 2022, Ukraine filed a claim against Russia before the International Court of Justice to institute proceedings in connection with the military operations commenced by the Russian Federation in Ukrainian territory on February 24.[1] The application is based on Article IX of the 1948 Genocide Convention,[2] according to which the International Court of […]

Filed Under: Public International Law, Russia Arbitration, Ukraine Arbitration

Sovereign Immunity from Jurisdiction in International Arbitration

18/02/2020 by Aceris Law LLC

Sovereign Immunity of States Arbitration

Sovereign immunity is divided into immunity from jurisdiction and immunity from execution.[1] The conditions under which these immunities apply are of particular importance in the field of arbitration. According to the French Supreme Court, sovereignty and independence of States prevent one of them from pursuing another.[4] In other words, national judges must refrain from ruling […]

Filed Under: Public International Law

William Kirtley Discusses Enforcing Arbitral Awards against State Assets with Russian Newspaper

15/01/2019 by Aceris Law LLC

Enforcement Arbitral Awards Against State Assets

Arbitration lawyer William Kirtley has been interviewed by the Moscow-based newspaper Novaya Gazeta regarding the enforcement of arbitral awards against State assets. In the Russian-language article, concerning a USD 1.3 billion award to Ukraine’s Oschadbank for compensation for loss of assets in Crimea following annexation of the peninsula in 2014, William Kirtley explains that it is far […]

Filed Under: Enforcement of Arbitration Awards, ICSID Arbitration, Public International Law, William Kirtley

Legitimate Expectations in Investment Arbitration

14/10/2018 by Aceris Law LLC

Expectations in Investment Arbitration

In its judgment rendered on 1 October 2018 in the Bolivia v. Chile case, the International Court of Justice drew a distinction between public international law and investment arbitration with respect to the notion of legitimate expectations. The Court held that, contrary to bilateral investment treaties where the principle of legitimate expectations of foreign investors […]

Filed Under: Bilateral Investment Treaty, Investment Arbitration, Public International Law

Market Access of Foreign Investors under Bilateral Investment Treaties

02/11/2017 by Aceris Law LLC

Maket-Access-in-Bilateral-Investment-Treaties

Market access of foreign investors is the ultimate step for the entrance of foreign capital into a host country. Most countries today regulate the admission of the foreign direct investment through a special legal framework agreed with other countries and entities on a bilateral and sometimes multilateral level. By entering into such treaties, States agree […]

Filed Under: Bilateral Investment Treaty, Public International Law

Arctic Sunrise Arbitration (PCA case 2014-02) – Russia to pay €5.4 million in damages

01/08/2017 by Aceris Law LLC

Arctic Sunrise Arbitration

On 10 July 2017, a PCA Arbitral Tribunal seated in The Hague rendered its award on compensation in another politically sensitive arbitration between Russia and the Netherlands (also known as the “Arctic Sunrise Arbitration”). The PCA Tribunal ordered Russia to pay €5.4 million in damages to the Netherlands for the capture and detention of a […]

Filed Under: International Arbitration, Netherlands Arbitration, PCA Arbitration, Public International Law, Russia Arbitration

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