Category: LinkedIn Blog

When disputes arise between states and private entities, the parties turn to international arbitration to resolve their issues. International arbitration is a process in which a panel of experts reviews each party's claims and makes a ruling that all parties must abide by. An investor must understand the different claims he can...

If a contract is invalid or breached, the survival of an international arbitration clause becomes a question. Tribunals use Separability Doctrine to resolve contract termination in international arbitration. If you do not know what to do when you face an international breach of contract, please visit An International Breach: What to...

Investment disputes are not a rare occurrence in today's world. With globalization and the growth of international trade, it is becoming increasingly common for investors to invest in foreign countries. However, such investments are often subject to disputes that require resolution through international arbitration. In this context, two international organizations, namely, the...

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...