Blog

WAR CLAUSES IN IIAs – WHAT PROTECTION DO THEY OFFER?

10 November 2022

Russia’s invasion of Ukraine, now entering its ninth month, has once again thrown into sharp relief investor-state disputes arising out of war and armed conflict. Under the terms of most international investment agreements (“IIA”), a State agrees to protect the investments of investors from another State from discrimination, expropriation, and […]

Third-Party Funding: EU Parliament’s Proposals for Regulation and their Implications for Arbitration

28 October 2022

The EU Parliament has proposed far-reaching regulations affecting third-party funding of EU-seated claims. The regulations, if implemented, could make third-party funding in the EU more expensive or even inaccessible in some circumstances, and could go as far as to impact intra-group company loans granted for the purpose of pursuing litigation […]

The new Swiss negotiation approach – implications for Swiss foreign investors

30 September 2022

The newly-concluded bilateral investment treaty (BIT) between Switzerland and Indonesia is based on Switzerland’s new negotiation approach and gives Swiss investors a taste of what protection standards they can expect in the future. Read more here

Russia update: exodus from extractive industries and latest measures against foreign investors

22 September 2022

Foreign investors in Russia may find themselves on the horns of a dilemma. Following the invasion of Ukraine and Russian countersanctions, many investors have found it necessary to wind down their business operations in Russia. Yet recent decrees by the Russian government can block those same investors from selling their […]

New Model BIT for African States Facilitates Counterclaims against Foreign Investors

31 August 2022

In recent years, in certain investment arbitration proceedings, States have brought counterclaims alleging that foreign investors had failed to comply with CSR principles. In all but two cases, these counterclaims have been unsuccessful. Read more here.

WILL FRANCE’S CONDUCT TOWARDS EDF GENERATE A WAVE OF INVESTMENT ARBITRATIONS?

16 August 2022

EDF’S CURRENT WOES IN THE MIDST OF ITS NATIONALISATION Last week, Électricité de France (EDF), the main electricity provider in France and one of the largest electricity companies in the world, sued France, its current majority shareholder, for compensation of EUR 8.34 billion. The company alleges it was forced to sell […]

A SHORT ANALYSIS OF THE PROTECTIONS OFFERED TO TURKISH INVESTMENTS UNDER INTERNATIONAL LAW – PART 2

15 August 2022

The second article of the series on international law protections offered to Turkish investors provides a short analysis of the Turkish BITs with Russia and four of the Turkic states, namely Kazakhstan, Kyrgyzstan, Turkmenistan and Uzbekistan. Future articles of the series will look at other relevant BITs. Read more here […]

A SHORT ANALYSIS OF THE PROTECTIONS OFFERED TO TURKISH INVESTMENTS UNDER INTERNATIONAL LAW

19 July 2022

This series of articles focuses on the countries and regions in which Turkish investors invest in, considering the data released by the Turkish Ministry of Commerce and UNCTAD. They provide a short analysis of the protections offered to Turkish investments under the bilateral investment treaties (BITs) which Turkey has with […]

Land rights in Chile – impact of proposed constitutional changes on foreign investors

15 July 2022

Indigenous peoples in Chile will gain significant new rights and protections over land, resources and territories under the proposed new constitution, raising major implications for existing and future foreign investors in the country. On 4 July 2022, the Chilean Constitutional Convention (Convención Constitucional) finalised the draft of a new constitution […]

INTERNAL INVESTIGATIONS AND CORPORATE GOVERNANCE – BE PREPARED

1 July 2022

ESG matters are core to a company’s reputation and standing, so organisations should ensure that they have effective governance structures in place to respond swiftly and decisively to potential breaches, to halt potential crises in their tracks. Although not a day-to-day topic for a board of directors, internal investigations remain […]

THREE SIMPLE RULES FOR CONDUCTING A CROSS-EXAMINATION

11 May 2022

Seasoned arbitration practitioners are used to seeing various ways to conduct a cross-examination, not all of which are equally effective. It is in the interest of our clients, as well as, indirectly, the arbitration industry, that cross-examinations are conducted as efficiently and effectively as possible. Increased efficiency will result in […]

Newsflash – New Swiss sanctions against Russia and Belarus enter into force

29 April 2022

On 28 April 2022, the latest round of sanctions against Russia and Belarus entered into force in Switzerland (the “Swiss Ordinance”). These sanctions are based on the fifth sanctions package introduced by the European Union (“EU”) on 8 April 2022. This update provides an overview of the most recent Swiss […]

Newsflash – Switzerland announces further sanctions to be adopted against Russia and Belarus

14 April 2022

On 13 April 2022, the Swiss Federal Council adopted the fifth sanctions package against Russia and Belarus introduced by the European Union on 8 April 2022 in response to the war in Ukraine (see Swiss press release here and EU press release here). Read more here.

POSSIBLE CLAIMS AGAINST RUSSIA FOR EXPROPRIATION OF FOREIGN INVESTMENTS

11 April 2022

On 8 April 2022, a draft law was introduced in the Russian Duma (Parliament) which would allow Russia to expropriate property of foreign nationals from “unfriendly” countries – those that have imposed sanctions on Russian entities and individuals. This news came on the heels of a draft bill introduced the […]

THE EMERGENCE OF CSR PRINCIPLES IN INTERNATIONAL INVESTMENT ARBITRATION AWARDS

7 April 2022

As corporate social responsibility (“CSR”) principles gain in popularity, investors should be aware that failure to abide by these principles might affect their chances of success in international investment disputes. Though some 65 international investment agreements refer to the UN SDGs and/or CSR principles, these provisions remain largely untested and […]