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 […]
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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 […]
Arbitral Tribunal Finds that Achmea and the January 2019 Declarations Are Irrelevant to Consent to Arbitration under the ECT
On 7 May 2019, the arbitral tribunal in Eskosol S.P.A in Liquidazione v Italian Republic [1] took a position on various issues concerning ECT arbitration following the judgment of the CJEU in Slovak Republic v. Achmea (“Achmea“). The decision addressed a request filed on 4 February 2019 by the Italian Republic for an award declaring […]
Arbitration in Albania
As one of the most commonly used methods for settling international disputes, arbitration is common in Albania. The latter has signed and ratified important and well-known international conventions such as the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards and The European Convention on the Recognition and Enforcement of Foreign Arbitral Awards, […]
Aceris Successfully Resolves Another ICC Arbitration Under Saudi Law
Aceris Law LLC has successfully resolved another ICC arbitration under Saudi Arabian law, obtaining the objectives of its client in full. In the dispute, Aceris Law represented the claimant, a sub-contractor, in a dispute involving breaches of a contract for engineering, procurement and construction activities. The place of arbitration was Paris. Aceris Law has served […]
Six-Month International Arbitration Internship: July-December 2019
Aceris Law LLC, a boutique law firm providing counsel for investment, commercial and construction arbitrations, is currently seeking an intern for a six-month internship beginning in July 2019 and ending in December 2019. Interns can be based in any city or country – we provide the technology that is necessary to work with our team, […]
Discriminatory, Unreasonable and/or Arbitrary Measures in Investment Arbitration
The prohibition of discriminatory, unreasonable and/or arbitrary measures affecting investors’ investments normally figures among the protection standards provided by bilateral or multilateral investment treaties. Although it is considered as an independent basis for a finding of State responsibility, some arbitral tribunals have considered that the standard of protection against arbitrariness or discrimination is closely linked […]
Interim Measures in International Arbitration: A Need for Irreparable Harm?
It is a well-established rule of international arbitration that arbitral tribunals have the power to grant interim or conservatory measures. This is explicitly provided in all major arbitration rules (see, e.g., Article 28 of the 2017 ICC Rules, Article 25.1 of the 2014 LCIA Rules, Article 26 of the 2010 UNCITRAL Rules, Rule 30 of […]
Intra-EU Arbitrations and the Enforcement of ICSID Awards in the United States: the Impact of Achmea
The ICSID Convention requires signatories to treat arbitral awards rendered according to the ICSID framework as if they were a final judgment of a court in that State.[1] To challenge an award, the claimant shall seek review within the ICSID arbitral regime, rather than before State courts.[2] To implement the Convention, the U.S. Congress in […]
