Separability Doctrine

Does an Arbitrational clause survive past the termination of your contract? An overview of the separability doctrine.

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...

Does an Arbitrational clause survive past the termination of your contract? An overview of the separability doctrine. Continue reading…
Dual Nationality

Dual Nationality: ICSID vs UNICITRAL

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...

Dual Nationality: ICSID vs UNICITRAL Continue reading…

What are the International Law Commission’s Articles on State Responsibility?

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...

What are the International Law Commission’s Articles on State Responsibility? Continue reading…
International Arbitration: State Responsibility

International Arbitration: State Responsibility

International arbitration is a complex process involving multiple parties. It is essential that each party understands their role and responsibilities in the process. One key concept to grasp when it comes to international arbitration is state responsibility. This article will explore what state responsibility is and why it matters for international arbitration. 

International Arbitration: State Responsibility Continue reading…
fair and equitable treatment

International Arbitration: Fair and Equitable Treatment

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...

International Arbitration: Fair and Equitable Treatment Continue reading…

US Federal Court Rejects Nigeria’s Sovereign Immunity Defense Against The Enforcement of US$70 Million Award

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...

US Federal Court Rejects Nigeria’s Sovereign Immunity Defense Against The Enforcement of US$70 Million Award Continue reading…

A Deep Dive into a Trade Dispute between Peru and an International Construction Company

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...

A Deep Dive into a Trade Dispute between Peru and an International Construction Company Continue reading…