Season 2 Episode 5- Defense Trade Down Under
In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more
Bilateral investment treaties (“BITs”) are agreements between countries that attempt to provide protections to investors from one state investing in the other (the “host state”). India’s experience with BITs and investor...more
In this week’s episode, host Donald Pearce is joined by David Heasley, the Founder and Principal Solicitor of Australian law firm Heasley Lawyers, to discuss AUKUS, a deal announced in September 2021 between Australia, the...more
Strong diplomatic and economic ties have long existed between the Gulf Cooperation Council (GCC) states and North Africa but there are other levers at play for deepening economic relations....more
On 13 September 2022, the UAE Ministry of Justice issued a directive which confirms that judgments issued by the English Courts can be enforced by the UAE Courts under the principle of reciprocity (the "Directive"). The...more
As discussed in Part I of this two-part series, Russia has imposed sweeping economic measures in response to the international sanctions imposed by other States on Russia for its invasion of Ukraine. Those economic measures...more
Recent news reports out of Russia have advised that it may expropriate or nationalize assets of foreign investors. Investors should be aware that such actions may breach bilateral or multilateral treaties that include...more
On 30 December 2020, the leaders of China and the European Union jointly announced the completion of the negotiation of the EU-China Comprehensive Agreement on Investment (CAI) as scheduled. Following the post-Brexit trade...more
Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by...more
With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...more
Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more
Ukraine’s recent attempt to resist enforcement of an ICSID award on sovereign immunity grounds has failed. Most importantly, the decision confirms the inherent value in any arbitration agreement –a State may lose the right...more
Striking a balance between the UK’s obligations under the ICSID Convention and under EU law - ?On 27 July 2018, the Court of Appeal delivered its judgment in Viorel Micula and others v Romania and European Commission...more
The relationship between international investment law and international human rights law has become increasingly relevant in recent years. How and to what extent a state should be permitted to rely on its human rights...more
A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more
From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
In this article, we consider the current and potential effects of Brexit on investment treaty arbitration. Likely implications concern: the negotiations of the trade and investment agreements between the European Union and...more
Investor-state arbitrations frequently raise issues of public importance that parties other than those to proceedings, such as NGOs, may want to address. “Amicus briefs” afford them a limited opportunity to do so, as...more
On June 23, 2016, the United Kingdom (UK) voted by way of an advisory referendum to leave the European Union. While the result will not take immediate legal effect, incoming Prime Minister Theresa May has indicated that...more
On 23 June, 52% of UK voters voted in favour of leaving the European Union, which has generated considerable uncertainty about the United Kingdom’s future relationship with Europe and, as a result, the wider world, including...more
The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more