Category: Legal Articles

The International Law Commission (ILC) is an independent body of international law experts that works to promote the progressive development and codification of international law that can be considered customary international law. In 2001, the ILC published a set of Articles on State Responsibility (ASR) which lays out legal rules governing responsibility...

Concessions tend to be intricate on their own and sometimes confusing. There are several analyses to be made prior to making any sort of investments dependent on a concession given by a municipality or a state government: 1. The first analysis to be made is whether the political environment...

When international investors and governments enter into agreements, disputes may arise that require the involvement of a tribunal. Tribunals are special bodies established to resolve disagreements between foreign investors and states in a fair and equitable manner. But what does "fair and equitable treatment" mean in this context? Let's take a look...

A US court has recently rejected Nigeria’s jurisdictional objections to the enforcement of a US$70 million investment treaty award won by a Chinese investor, Zhongshan. The award was issued in connection with an investment dispute concerning a joint venture to develop a free trade zone. The court dismissed the state’s arguments based...

In 2004, the United States Supreme Court resolved a circuit split over 28 U.S.C. § 1782(a) discovery in international arbitrations after taking up the case of Intel Corp v Advanced Micro Devices Inc. The ruling was seen as a major victory for businesses engaging in international arbitration proceedings as it established that...

Trade disputes are becoming more and more common in today’s globalized world. This article will explore the details of a dispute between Peru and an international construction company, which has filed an ICSID claim against Peru over tariff payments and maintenance costs related to a toll road concession. An...

The International Centre for Settlement of Investment Disputes (ICSID) is an international organization that hears and resolves investment disputes between foreign investors and states in a manner that’s both independent and impartial. This case review will focus on the ICSID’s decision in True Blue Development Limited and Others v. Grenada, a dispute...

When it comes to the world of international investment disputes, the topics of appropriation, misappropriation, expropriation, and confiscation are important concepts to consider. The interchangeable use of these four words can lead to confusion. By understanding each term's distinct meanings and implications, lawyers and international corporations can better prepare for legal proceedings...

In international arbitration cases, both parties must be able to accurately assess any future damages or Lost Economic Opportunity Cost incurred. This is not always easy to do and requires careful consideration of the facts and evidence presented. One way to prove future damages or lost economic opportunity costs is by using...