On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June...more
In a significant recent decision in Infrastructure Services v Spain; Border Timbers v Zimbabwe, arising out of two separate English proceedings seeking the recognition and enforcement of ICSID arbitration awards rendered...more
Since the election of President Gustavo Petro, Colombia’s executive has repeatedly proposed structural reforms that undermine foreign investment across sectors, reflecting a worrisome trend across Latin America. Despite...more
In an important decision regarding the scope of Most-Favored-Nation (“MFN”) clauses in investment treaties, the Svea Court of Appeal on 12 November 2024 annulled the Partial Award on Jurisdiction and Admissibility in Zaza...more
The global energy transition means that demand for critical materials and minerals is on the rise. With significant quantities of the world’s metals and minerals located in Africa, mining companies must operate in a dynamic...more
The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more
The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more
On June 17, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) published a report on the trends in enforcement and compliance of the awards rendered by arbitration tribunals constituted under...more
The International Centre for Settlement of Investment Disputes (ICSID or the Centre) announced on August 8, that it had registered its 1,000th case under the ICSID Convention and the Additional Facility. While the Centre is...more
On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more
Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more
The Chilean Congress is currently considering a legislative proposal introduced by the Chilean Government aimed at subsidizing electricity costs for approximately 4.7 million households. The proposed bill introduces a...more
The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more
In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
On 29 July 2024, an ICC arbitration tribunal, chaired by Stephen Drymer and including Jean Kalicki and Charles Adams as co-arbitrators, issued, by majority, an award in favour of the Government of Georgia in a high-profile...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
The Energy Charter Treaty and the Protocol were signed in December 1994 to promote international investment in the energy sector. On 16 April 2024, Spain gave written notice of its decision to withdraw from the ECT and on 14...more
Honduras denounced the ICSID Convention via a written notice received by the World Bank on February 24, 2024. Under Article 71 of the ICSID Convention, such denunciations take effect six months from the date of receipt of the...more
The International Centre for Settlement of Investment Disputes ("ICSID") has announced that the World Bank received a written notice of denunciation of the Convention on the Settlement of Investment Disputes between States...more
International arbitration statistics are back in season. In the first couple of months of 2024, the China International Economic and Trade Arbitration Commission (CIETAC), the World Bank’s International Centre for Settlement...more
Disputes in these sectors are likely to continue to grow as the global demand for metals and minerals rises to meet the climate change targets for a cleaner and more renewable energy system. Mexico is ranked at the very top...more
This year my friend was invited to participate in a poker tournament in Las Vegas. Knowing nothing about poker, she hired a professional player to teach her. Over several evenings, he trained her and taught the rest of us in...more
On 23 October 2023, the English Commercial Court published its much-anticipated judgment in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). The Court found in favour of the...more
The UK has announced that it will review its membership of the Energy Charter Treaty (the “ECT” or “Treaty”) if there is no agreement on modernisation by November 2023. This announcement comes after a second vote on...more
The upcoming changes to the UK Arbitration Act are an important development for energy practitioners. That’s because arbitration is the default means to resolve cross-border energy and natural resources disputes, and London...more