The rich programme of the 2023 London International Disputes Week (LIDW) serves as proof of the leading role of London not only in Europe but in the world when it comes to international dispute resolution. The range of topics on the programme (from commercial, construction, and investor-state to crypto, mining and energy disputes) is not…
All posts tagged arbitration
44th session of the UNCITRAL Working Group III: Code of Conduct for Arbitrators, its Enforcement, Corruption Allegations in ISDS
The UNCITRAL Group III on investor-state dispute settlement reform met on 23-27 January 2023 in Vienna and focused on the commentary on the draft code of conduct for adjudicators in ISDS and the appellate mechanism. On 24 January Vladimir Kozin and I presented key findings of the UNODC ongoing study on corruption allegations in ISDS.…
UNCITRAL investor-state dispute settlement reform group makes progress despite disagreements
Earlier this month I had the honour of participating in the 43rd session of the UNCITRAL Working Group III Investor-State Dispute Settlement Reform, which took place in Vienna. The session demonstrated that although the group is making progress, on a number of issues disagreements persist between various states. This brief summary highlights some highlights of…
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
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…
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…
Valuation of damages in investment disputes – conference takeaways
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…
Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
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…
ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them
On 13 November 2018, ICSID presented its new proposed amendments at a major conference in London. This round of amendments aims, among other things, to modernize the ICSID procedure based on case experience, simplify the rules, and make the process increasingly time and cost-effective while maintaining due process and a balance between investors and States.…