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…

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…

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?

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

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.…