IIA Reform in Times of COVID-19: corruption, corporate restructuring and capacity building (video)

IIA Reform in Times of COVID-19: corruption, corporate restructuring and capacity building (video)

In my contribution to the UNCTAD’s Virtual IIA Conference 2020: “IIA Reform in Times of COVID-19,” I highlighted a few projects we recently concluded or are currently working on.  Below is a video recording of the presentation and its transcript.  Every crisis is also an opportunity. In the area of international investment law, the opportunity…

Security for costs in investment arbitration – a rare exception rather than a rule

Security for costs in investment arbitration – a rare exception rather than a rule

Today I made an intervention as an observer at the UNCITRAL Working Group III session currently taking place in Vienna (in the online format). The representatives of Bahrain, Switzerland and other States mentioned in their session interventions that the situations were security for costs requested were granted. Now we actually have empirical data to back…

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…

The Future of the United Kingdom Investment Policy after Brexit

The Future of the United Kingdom Investment Policy after Brexit

On 25 February 2020, we convened an Investment Treaty Forum event to discuss the investment policy of the United Kingdom following its exit from the European Union. The UK is getting ready to deliver on the ambitious promise to conclude new trade agreements with various countries around the world.  Although the European Union rules did…

Why State Requests for Provisional Measures Fail in Investor-State Disputes?

Why State Requests for Provisional Measures Fail in Investor-State Disputes?

As the number of investor-state disputes grows, so does the number of applications for provisional measures. The recent empirical study conducted by the British Institute of International and Comparative Law and White&Case suggests that investors were more than twice as likely to obtain positive decisions on their requests than respondent states. The study also showed that the geographical…

UN Convention Against Corruption and Investor-State Disputes: Two Parallel Universes?

UN Convention Against Corruption and Investor-State Disputes: Two Parallel Universes?

On 17 December 2019 BIICL and the UN Office on Drugs and Crime conducted an event at the eighth session of the Conference of the States Parties to the 2003 United Nations Convention against Corruption (UNCAC) in Abu Dhabi. This bi-annual conference gathers representatives of over 180 States parties to the Convention to discuss various…

The interaction between investment disputes and human rights due diligence

The interaction between investment disputes and human rights due diligence

On 4 December 2019, the newly-established Human Rights Due Diligence Forum of the British Institute of International and Comparative Law convened its first meeting. The topic was the interaction between investment disputes and human rights due diligence. The main focus of the meeting was on the implications of newly adopted or proposed laws on human…

Counterclaims in investor-state disputes: time for the system to change?

Counterclaims in investor-state disputes: time for the system to change?

At a fully-packed BIICL event on 6 November 2020, we discussed counterclaims in investor-state disputes. DLA Piper and the Investment Treaty Forum brought together an excellent panel to discuss the complexities of asserting counterclaims, including jurisdictional, substantive and enforcement aspects of it: Michael Ostrove, David Herlihy, Alison Macdonald and Dainis Pudelis from the State Chancellery…