ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant investment treaty arbitration...
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
The recognition and enforcement of International Centre for Settlement of Investment Disputes (ICSID) awards in Germany is governed by Chapter IV, section 6 of the...
A definition of expropriation In the context of investment treaty arbitration, expropriation occurs when a state has taken a foreign investor’s property for which...
What is annulment in ICSID arbitration proceedings? One of the distinguishing features of arbitration under the International Centre for the Settlement of Investment...
This Practice Note provides an introduction to the International Centre for Settlement of Investment Disputes (ICSID) and considers the procedure of an ICSID arbitration....
ICSID Click here to download a PDF of the Getting The Deal Through arbitration guide for ICSID. The attached Getting the Deal Through guide gives information on the...
ARCHIVED: This Practice Note has been archived and is not maintained. To access the 2019 tracker, see Practice Note: Investment treaty arbitration—2019—key arbitral...
This Practice Note tracks the details of key awards and decisions issued by tribunals in investment treaty arbitration proceedings, principally those...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the details of key awards and decisions issued by tribunals in investment...
This Practice Note links to a broad range of model arbitration clauses from leading, and less well-known, arbitral institutions, organisations and industry bodies. The...
What is a most favoured nation clause? A 'most favoured nation' (MFN) clause is commonly found in investment treaties. The clause provides a standard of protection that...
Under bilateral investment treaties (BITs) and other investment protection treaties such as multilateral investment treaties (MITs), host states typically will promise to...
Under Bilateral Investment Treaties (BITs) and other investment protection treaties such as Multilateral Investment Treaties (MITs), host states typically will promise to...
Foreign direct investment (FDI) continues to play an increasingly important role in the global economy. For transnational corporations, or indeed any business seeking to...
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For more detailed information on state immunity and...
The major gateway issue for any claim brought under a bilateral investment treaty (BIT), multilateral investment treaty (MIT) or foreign investment law will be whether...
What is an umbrella clause? An umbrella clause (known also as an umbrella agreement or an observance of undertakings clause) is a provision in a bilateral investment...
The Transparency Rules—background and purpose The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) were adopted by the...