It is common in investment arbitration that investors seek to recover the profits they claim to have lost as a consequence of one or more internationally wrongful acts perpetrated by a host State of foreign investment. Historically, in assessing damages there has been a distinction between damnum emergens (actual losses) and lucrum cessans (loss of […]
Consent to Arbitration Based on Investment Codes
In international arbitration, consent to arbitration can be expressed in different forms, including in domestic laws. While it is widely recognized that States can commit themselves by way of international treaties (or by virtue of contracts covering future disputes), States can also give their consent to arbitration based on investment codes. Due to the significant […]
Russian Sanctions and Arbitration: Analysis of New Russian Law Transferring Exclusive Jurisdiction to State Courts
Six years after the introduction of Russian sanctions by the United States and the European Union, the Russian Parliament has adopted a new law to allow sanctioned Russian entities to avoid arbitration. Arbitrations against companies and individuals targeted by Russian sanctions have today been transferred to the exclusive jurisdiction of Russian State Courts by a […]
Insolvency and Arbitration: What Issues Arise?
The economic disruption caused by the COVID-19 pandemic is expected to lead many corporations to insolvency, as well as trigger an increase in the number of commercial disputes. Consequently, it is likely businesses will have to face more arbitrations with insolvent entities, or arbitrations brought by bankruptcy trustees, when the right to maintain and dispose […]
Energy Charter Treaty: Current Status between EU States
The Energy Charter Treaty (“ECT”), available here, is a multilateral agreement. It was signed in December 1994 and entered into force on 16 April 1998. It created a multilateral framework for energy long-term cooperation between its members. The Energy Charter Treaty is preceded by the European Energy Charter adopted in December 1991, under which signatories […]