2023 Year in Review: Human Rights and ISDS – Same Play, Different Actors
Kluwer Arbitration Blog » Investment Arbitration
by Nicholas J. Diamond (Georgetown Law) and Kabir A.N. Duggal (Columbia Law School)
1M ago
This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also the aperture for human rights considerations in Investor-State Dispute Settlement (“ISDS”) did appear to widen, given consistent annual developments across procedural and substantive dimensions, as well as numero ..read more
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2023 Year in Review: Arbitration-Related Developments in France
Kluwer Arbitration Blog » Investment Arbitration
by Antoine Cottin (Assistant Editor for Europe) (Laborde Law) and Vladislav Osykin (Laborde Law)
2M ago
This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020, 2021, and 2022—but have also taken a slightly more restrictive than usual stance towards international arbitration.   Annulment of Investment Awards: Old Names and Recurring Issues Year after year, Paris continues to be a leading venue for the annulment of non-ICSID investment arbitrati ..read more
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2023 Year in Review: Latin America and Investment Arbitration
Kluwer Arbitration Blog » Investment Arbitration
by Daniela Páez-Salgado (Senior Assistant Editor) (Herbert Smith Freehills), Fabian Zetina (Assistant Editor for South and Central America) (BakerHostetler) and Aecio Filipe Oliveira (Assistant Editor for South and Central America) (Barbosa, Müssnich & Aragão Advogados – BMA)
2M ago
Another year ends with set records for investment arbitration in Latin America. ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). In other words, almost fifty percent of the new cases registered arose out of disputes in Latin America and the Caribbean. Predictions that Latin America would be at the top of the statistics were not unfounded. Earlier in the year, Maria Jose Monroy reported that, in the past few years, Latin America has w ..read more
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2023 Year in Review: Australia, New Zealand and the Pacific Islands
Kluwer Arbitration Blog » Investment Arbitration
by Anne Wang (Associate Editor), Emma Garrett (Assistant Editor for Australia, New Zealand and the Pacific Islands) and Sam Macintosh (Assistant Editor for Australia, New Zealand and the Pacific Islands) (Wynn Williams)
2M ago
2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. It saw developments in investment arbitration and disputes relating to climate change, efforts to improve gender and cultural diversity, debate and guidance on the use of artificial intelligence, and pro-arbitration jurisprudence. We explore some of these key themes below.   Australia Cases Australia’s investment arbitration jurisprudence made particular strides in 2023. As anticipated in our 2022 Year in Review, the High Court of Australia handed down the much-anticipated judgment in Kingd ..read more
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From the Editors of Kluwer Arbitration Blog: 2023
Kluwer Arbitration Blog » Investment Arbitration
by Crina Baltag (Managing Editor) (Stockholm University)
3M ago
At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors.   The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the first post was published, announcing the creation of the Kluwer Arbitration Blog, under the editorial guidance of Prof. Roger Alford, and with several permanent contributors, including Gary Born and Martin Hunter. At the outset, Gwen de Vries, Director C ..read more
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PRC Foreign State Immunity Law: A Gateway to Judicial Review of Investor-State Arbitration by the PRC Courts?
Kluwer Arbitration Blog » Investment Arbitration
by Mariana Zhong (Hui Zhong Law Firm) and Zeyu Huang (Hui Zhong Law Firm)
4M ago
Introduction  On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version here).  It will enter into force on January 1, 2024, together with the amended Chinese Civil Procedure Law 2023 (“CPL 2023”, English translation here).  The new legislation not only marks a significant change of the PRC’s position on state immunity from the absolute theory to the restrictive one, but also provides a gateway for the PRC courts to step into the field of investor-state ..read more
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A Never-ending Story? Dual Nationals in Investment Arbitration: A Commentary on Santamarta v Venezuela
Kluwer Arbitration Blog » Investment Arbitration
by José Gregorio Torrealba (JGTorrealba) and Alejandro Gallotti (JGTorrealba)
4M ago
In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta’s pharmaceutical business, including an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the Bilateral Investment Treaty between Spain and Venezuela (the “BIT”), in force since 1997. In the Award on Jurisdiction, rendered on 26 July 2023, the tribunal rejected jurisdiction over the dispute by adopting the doctr ..read more
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Corruption Under Scrutiny: The Ratione Materiae Objection in Panamericana Televisión v. Peru
Kluwer Arbitration Blog » Investment Arbitration
by Julio Olórtegui (Rodrigo Elías & Medrano) and Nennele Rivadeneira (Rodrigo Elías & Medrano)
5M ago
On 1 December 2022, the Tribunal in the Panamericana Television S.A (hereafter, “Pantel” or “Claimant”) v. The Republic of Peru (hereafter, “Peru” or “Respondent”) case issued its Final Award, in which not only did it reject the merits of Pantel’s claims, but it also dismissed, among others, the objection ratione materiae formulated by Peru, based on Articles 2, 3, 6, and 9(7) of the Agreement Between The Swiss Confederation And The Republic Of Peru On The Promotion And Reciprocal Protection Of Investments (hereafter, “Treaty”). The present article briefly introduces t ..read more
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Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In
Kluwer Arbitration Blog » Investment Arbitration
by James Plotkin (Gowling WLG (Canada) LLP) and Michael Giesbrecht
5M ago
Enforcing awards against third parties is a perennial issue in international arbitration circles. In Air India Ltd c CC/Devas (Mauritius) Ltd, the Court of Appeal of Quebec considered an award creditor’s ability to seize assets belonging to an award debtor’s alter ego under Quebec law. This case offers significant insight for award creditors wishing to enforce against a third party in Quebec. Merely demonstrating that the third party is the award debtor’s alter ego will not cut it. Though the award creditor sought the Supreme Court of Canada’s input on the issue, the latter dismissed the appli ..read more
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Agarwal and Mehta v. Uruguay: Second Round?
Kluwer Arbitration Blog » Investment Arbitration
by Santiago Gatica (Freshfields Bruckhaus Deringer)
7M ago
On August 6, 2020, an arbitral tribunal composed of Andrés Rigo Sureda (P), O. Thomas Johnson, Jr., and Pierre Mayer (the Tribunal), constituted under the agreement between the United Kingdom and Uruguay for the promotion and protection of investments (the BIT), issued an award in Prenay Agarwal, Vinita Agarwal and Ritika Mehta v. Uruguay (PCA Case No. 2018-04) declining jurisdiction to hear the case (the Award). The Tribunal found that at the time of the alleged breaches, the discretional beneficiary interests that the three claimants (the Claimants) had in a Cayman Islands trust were not a p ..read more
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