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
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 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
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
ICSID Member States approve long-awaited update to ICSID rules and regulations. On 21 March 2022, the International Centre for Settlement of Investment Disputes (ICSID) Member States approved a long-awaited update to the...more
The UK Law Commission has announced that it will carry out a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland. The Law Commission has stated that its...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
Update to Allen & Overy 2012 study shows increases on all metrics but, importantly, tribunals taking more nuanced and rigorous approach to parties’ costs Please enter Byline. Investors abroad are increasingly aware of their...more
On 20 January 2017, the English Commercial Court handed down an important judgment addressing the intersection of a State’s public international law obligations in investment treaty arbitration and its obligations under...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
London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...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