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…

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…

Appointment of International Judges and Arbitrators: Perspectives from Different Institutions

Appointment of International Judges and Arbitrators: Perspectives from Different Institutions

On 18 October  2019, we put together a joint BIICL/University of Liverpool event on the appointment of international judges and arbitrators. The idea was to look at common trends and divergences between various international courts and tribunals with a particular focus on legitimacy and the rule of law. Diversity as legitimacy I presented my views…

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.…