The company believes that initiating international arbitration process is the most promising way to compensate for the losses from the terrorist attack on the Kakhovka HPP.
A relatively new strategy for China is to challenge national security decisions before international tribunals using a method called investor-state dispute settlement.
Michigan Journal of International Law | 23-Aug-2022
A recent ICSID tribunal found a developing state liable for breaching the full protection and security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area.
Unsatisfyingly, ISDS permits international investment law to exist in a vacuum that enables those tasked with adjudicating disputes to turn a blind eye to international humanitarian law norms.
Russia’s top lender Sberbank initiated investment arbitration proceedings against Ukraine after its parliament approved a presidential decree allowing for the forced seizure of Sberbank-owned assets in the country.
New evidence from a UN report and a high-profile investor arbitration case is casting a spotlight on Rwanda’s role in sophisticated smuggling networks that extract gold and coltan from Congolese conflict zones and funnel the strategically important minerals illicitly into global supply chains.