Bilateral Investment Treaty: Its Significance in Resolving International Disputes
A bilateral investment treaty is an agreement between two states that protects investors of one state when they invest in the other. These treaties matter because they give foreign investors something rare in international law: the right to sue a sovereign government directly before a neutral arbitral tribunal. Consequently, a treaty that...
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Vicarious Liability in International Law
The law mandates holding someone accountable whenever there is a legal claim for personal injury or property damages. The question is what happens when the person who causes the harm cannot be held responsible for their actions? This is where vicarious liability comes in. It is a legal doctrine that holds...
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International Mediation: How Does It Really Work?
Unveiling Global Mediation Practices: A Comprehensive Guide
Mediation has emerged as a powerful tool for resolving conflicts across the globe, transcending borders and cultures.
As the world becomes increasingly interconnected, understanding the diverse landscape of mediation practices is crucial for professionals, organizations, and...
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Sovereign Immunity in International Arbitration: Enforcing Awards
Winning an arbitration against a state is only half the battle. Sovereign immunity in international arbitration often stands between an award creditor and actual payment, shielding state assets from seizure even after a tribunal has ruled. However, immunity is not absolute, and experienced creditors recover against states every year. This article explains...
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UNCITRAL Draft Document on Access to Dispute Resolution Globally
Access to justice is a crucial element for international disputes. It is even more complex within the realm of international law. The United Nations Commission on International Trade Law (UNCITRAL) has taken a significant step forward in addressing this issue by releasing a draft document to improve access to dispute...
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Political Risk Insurance: Safeguarding Investments with MIGA
Investing in foreign lands can be a rewarding business venture but poses several risks. One of them is the risk of political upheaval, which can significantly affect your investments. Political instability, war, and expropriation are just some of the risks that foreign investors may face. This is where MIGA comes in. MIGA,...
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Navigating International Franchising
In recent years, franchising has become a popular business expansion mode across borders. Franchisors not only use it to increase brand and business growth opportunities but also to provide a low-risk means to expand into new markets. However, franchisors face unique legal and economic challenges when they develop their brand beyond their...
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An International Breach: What to do?
In the age of globalization, businesses frequently engage in international transactions. Although contracts exist, parties may still experience disputes that can lead to litigation, causing significant financial losses and lengthy legal proceedings. International arbitration is an increasingly popular option to resolve these disputes in a more efficient and cost-effective manner. This blog...
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Exploring the Role of Treaties in Investment Climate
Mining can be a lucrative business for foreign direct investors. However, the risks and challenges that come with mining can never be completely eliminated. Many countries have laws and regulations that govern mining operations, but there are situations where mining concessions can be revoked or expropriated. In this...
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Construction Defect in ISDS
Construction defects can pose significant risks to international construction projects, leading to financial losses, delays, and safety concerns. When construction defects lead to legal disputes, foreign investors may seek redress through investor-state dispute settlement (ISDS) mechanisms and hold the Host Government accountable. ISDS (Primer on International Investment Treaties and Investor-State Dispute...
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