William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]
Construction Arbitration Claim Strategy: When to Bring a Construction Claim in Arbitration and the Issues to Be Considered
Whether to bring a construction claim in arbitration depends on a number of factors that should be considered. If these issues are honestly considered at the outset of a construction dispute that is to be resolved by arbitration, they should lead to a sound conclusion as to the whether the construction claims should indeed be […]
Arbitragem no setor comercialização de energia elétrica no Brasil
O setor de comercialização de energia elétrica do Brasil foi por muito tempo concentrado em um único agente. Mas com a intenção de obter maior eficiência na prestação desses serviços foi implantada a fragmentação dos serviços ou desintegração vertical. Assim, com as alterações introduzidas pela Lei 9.648/1998, a figura do produtor independente e a comercialização […]
Compensation for Violations of the Fair and Equitable Treatment Standard
Whereas nearly all modern international investment agreements prohibit unjust and inequitable treatment, they provide little guidance as to how the damages due to the injured investor are to be assessed. As the fair and equitable treatment (“FET“) standard itself is relatively imprecise and very much dependent on the specific circumstances of the individual case, tribunals […]
International Investment Arbitration and EU Law: A Comparison of Protections Provided to Foreign Investors and Suggested Solutions to Reconcile Both Legal Orders
In the context of mistrust towards international investment arbitration, overlap is taking place between two legal orders that tended to ignore each other in the past, international investment arbitration and EU law, creating friction between the two legal communities. These frictions materialized in the judgment of the CJEU in Slovak Republic v. Achmea (“Achmea“), the […]