Ankara is in conflict with an international investment tribunal after a Turkish court has rejected a demand to halt criminal proceedings regarding a Turkish media tycoon and his family.
A reasonable ICSID Tribunal would have followed the paths of previous arbitral decisions in determining the liability of a host state under the Full Protection and Security obligation, the Ampal Tribunal did not.
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty.
There is a manifest need for the international arbitration community to begin to develop a shared understanding of the scope of the threat and the appropriate response.
China has shown no hesitation in disregarding its obligations under the free trade agreement with South Korea to take retaliatory measures against the deployment of a US missile defense system in the peninsula, say Korean media
International Economic Law and Policy Blog | 8-Mar-2017
The consequence of this decision is that investors would likely be put above all other victims of terrorism and related political violence in conflict areas. That is shocking from the perspective of international justice.
It is likely that the Antrix case — which could see the Government of India paying $1 billion if it loses — would have had a different outcome had the new model BIT been at issue.
Al Jazeera has lodged a $150m claim for compensation against Egypt, turning to an international investor arbitration tribunal in its latest bid to fight a crackdown by the government in Cairo.
Examines how bilateral investment treaties and free trade agreements which contain specific investment provisions reflect geopolitical concerns and redefine rights and privileges for transnational corporations, including with respect to commercial control over biodiversity through intellectual property rights.