Understanding investment treaty arbitration

Please note that we also have subtopics on ICSID arbitration—overview and State immunity and arbitration—overview.

Investment treaty arbitration—an introduction

This Practice Note provides an introductory overview of investor—state arbitration and the key protections offered by bilateral and multilateral investment treaties (BITs and MITs) in respect of investments in foreign states. It sets out an explanation of the kinds of protections afforded to investors under those treaties and how investment disputes are resolved. It gives an outline of common issues in investment treaty arbitration, including who is an investor, what is an investment, jurisdiction, negotiations, interim measures, enforcement and state immunity. It provides an introduction to the International Centre for Settlement of Investment Disputes (ICSID) and to other arbitral bodies which administer proceedings in investment treaty arbitrations.

See Practice Note: Investment treaty arbitration—an introduction.

The meaning of 'investor' and 'investment' in investment treaty arbitration

This Practice Note sets out the definitions of ‘investor’ and ‘investment’ for the purposes of investment treaty arbitration. It considers the complexities of these definitions including those in respect of holding companies, indirect ownership, nationalities and state ownership.

See Practice

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One arbitration, two courts, multiple injunctions (MSA Global LLC (Oman) v Engineering Projects (India) Ltd)

Arbitration analysis: This dispute is a rare case of two competing court interventions in relation to an arbitration. A non-seat court in Delhi decided to exercise certain supervisory functions by issuing an anti-arbitration injunction. The seat court in Singapore disagreed that the non-seat court had the jurisdiction to do so, and also issued an anti-suit injunction. EPIL (the contractor) sought to set aside a Singapore-seated partial award in the Singapore High Court. The Singapore High Court (as the seat court) dismissed EPIL’s setting aside application, and its attempt to introduce apparent bias of an arbitrator as an additional ground for setting aside. While EPIL brought another challenge application against the same arbitrator in Singapore, it has commenced proceedings in the Delhi Court also to challenge the arbitrator, and to enjoin the counterparty (MSA, the sub-contractor) from continuing with the Arbitration. The Singapore Court first granted an interim anti-suit injunction for the Delhi Proceedings. But the Delhi Proceedings carried on, and led to an interim anti-arbitration injunction by the Delhi Proceedings. The Singapore Court in its judgment granted a permanent anti-suit injunction against EPIL in relation to the Delhi Proceedings, finding also that the Delhi Court had no power to intervene in the Arbitration. Written by Violet Huang, counsel at Colin Seow Chambers.

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