UNCITRAL investor-state dispute settlement reform group makes progress despite disagreements

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…

Scope of Foreign Direct Investment Controls

Scope of Foreign Direct Investment Controls

It has been a pleasure to present on defining foreign investments in Uppsala, Sweden at the CELIS Forum on Investment Screening earlier today. My presentation covered investments subject to FDI screening, cases, treaties and international coordination of the investment concept, territorial nexus and jurisdictional overlap. Having examined international investment agreements and ISDS cases, I drew…

Expert Group Meeting on Corruption and International Investments – Key Findings Revealed

Expert Group Meeting on Corruption and International Investments – Key Findings Revealed

On 16 December 2021, I had a privilege of co-chairing with Vladimir Kozin (UNODC) an event featuring key recommendations of the forthcoming report on corruption and foreign direct investments and corruption and investor-state dispute settlement. This post summarises key developments, which led to these findings and the document itself. Resolution 8/9 (2019) of State Parties…

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…

Corporate restructuring and frivolous claims in investor-state dispute settlement

Corporate restructuring and frivolous claims in investor-state dispute settlement

Today I made an intervention on corporate restructuring and frivolous claims during the session of the Working Group III: Investor-State Dispute Settlement Reform. Thank you Mr. Chair for the opportunity to address the distinguished audience. In its intervention, Australia mentioned the problem of corporate restructuring and frivolous claims. Indeed, efforts to create a new and…

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…

EU Foreign Direct Investment Screening, Economic Crimes and ISDS

EU Foreign Direct Investment Screening, Economic Crimes and ISDS

On 30 April 2020, I spoke at a webinar on the interaction between public international law and the EU Investment screening mechanism organised by Maastricht University and the University of Southern Denmark, which was a part of the Common European Law on Investment Screening (CELIS) project. In 2019, the European Union established a framework for…