According to Article III of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), courts of a Contracting State have the obligation to recognize and enforce an arbitral award. However, it must be borne in mind that the latter have the possibility of refusing the recognition and execution […]
The National Treatment Standard – Investment Arbitration
Violations of the National Treatment standard are often alleged by claimants involved in investment arbitrations. The National Treatment standard has a simple theoretical purpose: to ensure that foreign investors or their investments will be treated no less favourably than domestic investors or their investments. The application of the National Treatment standard can vary significantly depending […]
New LCIA Arbitration Award Rendered in Favour of Aceris’ Client
Aceris Law has helped to obtain another positive outcome for another client in a complex arbitration involving significant claims, with the rendering of a Final Award on 30 August 2018 following two years of arbitration proceedings under the LCIA arbitration rules. The dispute, which had its seat in London, was rendered under the substantive and […]
The Standard of Full Protection and Security for Foreign Investors
The standard of full protection and security is one of the basic principles of investment protection applicable to investor-State arbitrations. Its content, scope of application and the sanctioned behaviors of host States of investment can be diverse. Doctrinal Definition of the Standard of Full Protection and Security According to doctrine, the standard of full protection […]
Appellate Mechanisms for ISDS: Inconsistency & Unpredictability of Arbitration Awards
Investor-State Dispute Settlement (“ISDS”) has been criticized for the lack of an appellate mechanism and the inconsistency and unpredictability of certain arbitration awards that are rendered. Opponents of ISDS claim that, as decisions that may ultimately affect public interests are at stake, it is undesirable that wrong decisions taken by arbitral tribunals cannot be appealed. […]