The effect of sanctions on investment arbitration 

The effect of sanctions on investment arbitration 

Following the 2022 Russian invasion of Ukraine, the effect of sanctions on arbitration has become an increasingly important topic. Within weeks of the invasion, the European Union, United States, United Kingdom, Japan and other states imposed sweeping sanctions to support peace and the territorial integrity of Ukraine, quickly making Russia the most sanctioned state in…

Scope of Foreign Direct Investment Controls

Scope of Foreign Direct Investment Controls

It has been a pleasure to present on defining foreign investments in Uppsala, Sweden at the CELIS Forum on Investment Screening earlier today. My presentation covered investments subject to FDI screening, cases, treaties and international coordination of the investment concept, territorial nexus and jurisdictional overlap. Having examined international investment agreements and ISDS cases, I drew…

Expert Group Meeting on Corruption and International Investments – Key Findings Revealed

Expert Group Meeting on Corruption and International Investments – Key Findings Revealed

On 16 December 2021, I had a privilege of co-chairing with Vladimir Kozin (UNODC) an event featuring key recommendations of the forthcoming report on corruption and foreign direct investments and corruption and investor-state dispute settlement. This post summarises key developments, which led to these findings and the document itself. Resolution 8/9 (2019) of State Parties…

Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction

Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction

Today I presented at the international conference “The Challenge of Global Cybersecurity” organised by the University of Granada, one of Spain’s oldest universities. Granada is also the birthplace of Francisco Suárez who had an important influence on the philosophy of international law. My presentation ‘Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction’ focused…

Rectroactive application on law: approaches in domestic and international law

Rectroactive application on law: approaches in domestic and international law

In our recently published article we examine the principle of non-retroactivity in domestic and international law. We conclude that while in the criminal law context it has become a binding norm of international law, it has not crystalized into such norm in administrative law. The article pays particular attention to the application of this principle…

Corporate restructuring and frivolous claims in investor-state dispute settlement

Corporate restructuring and frivolous claims in investor-state dispute settlement

Today I made an intervention on corporate restructuring and frivolous claims during the session of the Working Group III: Investor-State Dispute Settlement Reform. Thank you Mr. Chair for the opportunity to address the distinguished audience. In its intervention, Australia mentioned the problem of corporate restructuring and frivolous claims. Indeed, efforts to create a new and…

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

On 5 May 2020, 23 EU Member States signed an agreement for the termination of intra-EU bilateral investment treaties between EU Members (Termination Agreement). The British Institute of International and Comparative Law (BIICL) hosted a webinar on 1 June 2020 to discuss legal and practical consequences of the Termination Agreement. The webinar featured presentations from representatives…

Corporate Restructuring in Investor-State Disputes: Can We Predict Tribunals’ Decisions?

Corporate Restructuring in Investor-State Disputes: Can We Predict Tribunals’ Decisions?

Traditionally, nationality for corporate entities has been regulated by national law, often by reference to whether a corporation has a seat in a country or was incorporated under its laws. However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the…