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King & Wood Mallesons | Asia-Pacific, Australia | 20 Mar 2023
Tribunal rejects jurisdiction over panda reserve dispute: the scope of PRC BITs set out in black and white
The proliferation of bilateral investment treaties (BIT), multilateral investment treaties and free trade agreements (FTA) (i.e., treaties between…
Van Bael & Bellis | European Union, Russia, Ukraine | 15 Mar 2023
Potential Claims for Compensation against Russia following its invasion of Ukraine: Part I : Claims relating to Foreign Investments in Ukraine
Russia's illegal invasion of Ukraine and the ensuing war has had profound humanitarian consequences affecting the lives of millions of people in…
Herbert Smith Freehills LLP | Colombia, Venezuela | 13 Mar 2023
Colombia and Venezuela agree a new Bilateral Investment Treaty, Venezuela’s first since withdrawing from the ICSID Convention
On February 23, 2019, Venezuela broke diplomatic relations with Colombia and gave Colombian diplomats twenty-four hours to leave the country. Four…
Norton Rose Fulbright | Global | 23 Feb 2023
Recognition, enforcement and recovery of investment treaty awards: part two
This article examines foreign state immunity laws and their interaction with domestic regimes for the recognition and enforcement of investment treaty awards. Due to the inherent nature of investment treaty arbitration as a form of recourse for investors against sovereign states, foreign state immunity is often raised at the point of recognition or enforcement of investment treaty awards.
Norton Rose Fulbright | Global | 16 Feb 2023
Recognition, enforcement and recovery of investment treaty awards: part one
As the number of investor-state disputes and resulting awards continues to grow, the existence of an effective enforcement regime remains critical to ensuring the legitimacy and utility of investment treaty protection for both states and investors. The legal foundations of investor-state dispute resolution in respect of recognition, enforcement and recovery reflect a complex intersection of......
Pine Law Office | South Korea | 13 Feb 2023
How to Recover Investment Asset Damaged by a Foreign Country?
As a foreign investor who establishes a corporation in another country to operate a factory or participates in a large-scale infrastructure project…
Pine Law Office | South Korea | 13 Feb 2023
외국 정부에 의해 투자 자산에 발생한 손해의 구제 방안
다른 나라에 법인을 설립하여 공장을 운영하거나, 외국 정부가 추진하는 대규모 인프라 사업에 참여하는 외국인 투자자의 입장에서, 그 국가의 행위로 막대한 손…
Westerberg & Partners Advokatbyrå AB | Sweden | 2 Feb 2023
Consequences of Swedish Supreme Court's decision to annul arbitral awards on basis of public policy
In the most recent instalment of the saga that is the EU approach to intra-EU investment dispute settlement, the Swedish Supreme Court decided to annul the partial award and the final award issued in the dispute between PL Holdings and Poland. This was the first time an arbitral award had been annulled by the Swedish Supreme Court under the Swedish Arbitration Act for being contrary to public......
Norton Rose Fulbright | Global | 2 Feb 2023
What if space junk trashes your business?
This article explores the potential options available to resolve disputes about damage caused by falling human-made space debris, better known as "space junk". It remains to be seen whether there is appetite to test and expand the limits of dispute regimes to enable private entities to seek compensation for such damage.
Norton Rose Fulbright | Global | 1 Dec 2022
ESG disputes in international arbitration
🕑 6 minutes As the importance of environmental, social and governance (ESG) in corporate policies and investment decisions increases, so too will the number of disputes arising from ESG-related issues. While courts have been the forum for most ESG disputes to date, with the rise in ESG-related contract clauses and the inclusion of ESG provisions in international investment treaties,......
