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…
On 18 October 2019, we organised a conference on the valuation of damages in international investment law. This topic is far from being theoretical as slight differences in the methodology of calculation of damages can lead to giant differences in sums awarded. For example, in the controversial Tethyan v. Pakistan case earlier this year, Pakistan…
States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The real challenge…