Tag: ICSID

UK’s Court of Appeal Affirms No Adjudicative Immunity for States in ICSID Award Registration Proceedings

By Dimitar Arabov[1] Registering arbitral awards rendered pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) (the “ICSID Convention” and, respectively, “ICSID Award(s)”) in England & Wales ought to be, at least in principle, a reasonably straightforward matter. The implementing legislation of the ICSID Convention in… Read More UK’s Court of Appeal Affirms No Adjudicative Immunity for States in ICSID Award Registration Proceedings

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Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

By Hugo Cardona[1] Introduction The 10th Annual EFILA Lecture, held on 25 November 2024 at Queen Mary University of London, represented a significant milestone in EFILA’s series of successful academic events. It provided a forum for an insightful analysis of the evolving landscape of ICSID arbitration. The lecture was delivered by Martina Polasek, who assumed… Read More Report on the 10th Annual EFILA Lecture Delivered by Martina Polasek of ICSID: Reflections on the Past and Future Significance of ICSID’s First 1000 Cases

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The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

by Ioana Maria Bratu[1] On 19 January 2024 the High Court of Justice of England and Wales (EWHC or the English court) dismissed Zimbabwe’s state immunity argument to set aside the 2015 $125m ICSID arbitration award in Border Timbers Limited & Anor v Republic of Zimbabwe ([2024] EWHC 58 (Comm)). While the Court ultimately sided… Read More The Future of Enforcement in the UK: English Court provides a novel attitude to State immunity in Border Timbers v Republic of Zimbabwe

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Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules

By: Alexander A. Witt[1] Following a consultation process that lasted more than five years and produced six working papers reflecting the development of the draft provisions, the 2022 ICSID Arbitration Rules (the “2022 Rules”) came into force on 1 July 2022. The 2022 Rules are a complete overhaul of their predecessor, the 2006 ICSID Arbitration… Read More Don’t infer adverse inferences – the curious omission of adverse inferences from the 2022 ICSID Arbitration Rules

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Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

By Lili Feher[1] and Sebastian Lukic[2] Introduction In December 2022, the General Court of the EU rendered a set of judgments rejecting claims initiated by Latvian bank PNB Banka for the annulment of prudential measures imposed against it by the European Central Bank (ECB) (see T-275/19, T-301/19, T-330/19 and T-230/20). The cases had attracted attention considering the larger context… Read More Adjudicating actions of EU institutions in ICSID proceedings: A comment on PNB Banka v. Latvia

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RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE

(Russian Proverb) Izabella Prusskaya, Associate, CAREY OLSEN (BVI) L.P. “Africa needs more Russian foreign direct investments to enhance the current Africa-Russian trade ties” Albert M. Muchanga, Commissioner for Trade and Industry of the African Union, during the St. Petersburg International Economic Forum 2018, “Business Dialogue: Russia-Africa” A changing landscape: industry focus and the nature of… Read More RUSSIAN INVESTORS IN AFRICA:HE WHO DOES NOT RISK WILL NEVER DRINK CHAMPAGNE

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Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration

By Sumit Chatterjee (National Law School of India University, Bangalore) An ICSID Committee, chaired by Ricardo Ramirez-Hernandez, recently annulled an arbitral award rendered in favour of a solar power investor in the case of Eiser Infrastructre Ltd. v Republic of Spain. [1] The primary ground on which the award was annulled was the undisclosed relationship… Read More Eiser v. Spain: Reinforcing the Importance of Early Disclosure in Investment Arbitration

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Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes

By Suksham Chauhan, International Arbitration Trainee, Quinn Emanuel Urquhart & Sullivan, Paris   Young ISDS Club for the second time provided a great platform for a very engaging and interesting discussion on 8 June 2020. The Young ISDS Club remained steadfast to its core value of open discussion. It was a most candid discussion where participants… Read More Young ISDS Club – ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in ISDS disputes

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