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…

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…

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…

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…

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…

Valuation of damages in investment disputes – conference takeaways

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?

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.…