Category Archives: Investor-State Dispute Settlement (ISDS)

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International Arbitration, Investment Protection and EU State Aid Rules: the General Court of the EU Annuls the European Commission’s State Aid Decision in the Micula Case

In a long-awaited ruling of June 18, 2019, the General Court of the European Union (“GCEU”) annulled the European Commission’s 2015 State aid decision in the Micula case (joined cases T-624/15, T-694/15 and T-704/15). The ruling provides valuable clarifications regarding the relationship between intra-EU bilateral investment treaties (“BIT”) and EU State aid rules. In sum, … Continue Reading

Pursuing Parallel Arbitration Under an Investment Treaty

For various reasons–including fairness, efficiency, and avoiding inconsistent results–courts and arbitration tribunals apply a range of procedural tools to discourage parties from pursuing multiple, separate dispute resolution proceedings between the same parties over related claims arising from a single dispute. In cases involving foreign investment within the coverage of an investment treaty, such as a … Continue Reading

ICSID 2018 Caseload Reflects Continued Uptick of Investor-State Arbitrations

The International Centre for Settlement of Investment Disputes (ICSID) has released its 2018 caseload statistics.  In 2018 ICSID registered a record 56 new cases, as compared to 53 cases registered in 2017.  Since the first case in 1972 ICSID has registered 706 cases in total. The new cases are concentrated in few sectors, with disputes … Continue Reading

A New Front Against Third Party Funding?

Third party funding in international arbitration has garnered a great deal of attention in recent years. Many of those opposed to the practice, or seeking to limit or control it, have been outspoken and engaged in efforts to regulate or abolish the practice. Up until now, much of that effort has focused on prospective legislative … Continue Reading
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