ICSID

Investment Arbitration And Financial Products

Investment Arbitration And Financial Products

Unanticipated disputes can sometimes arise when private companies conduct business in a foreign country. However, foreign investors are granted substantive protections through bilateral investment treaties (BITs), therefore in many cases these companies will opt to resolve such disputes through an investor-state arbitration in order to protect their investment.

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Posted by GPC Series in GPC, News
Investor-State Mediation: Not Whether, Or Even When, But How

Investor-State Mediation: Not Whether, Or Even When, But How

It has long been suggested that public bodies are antagonistic to negotiating settlements with private investors. The supposed, underlying rationale is that government officials are reluctant to be seen as compromising the interests of the state, meaning that negotiating is unacceptable. The recently published International Mediation Institute Investor-State Mediation Criteria challenge that assumption.

There is a kernel of truth to every generality. State representatives are indeed appropriately sensitive to the political realities surrounding negotiation and settlement. However, truth be told, states the world over are, in fact, readily entering into negotiated settlements for differences and disputes with investors. Moreover, negotiated settlements are being reached not only for little disputes but also for very large ones. Read more

Posted by GPC Series in GPC, News
Some Thoughts On CETA

Some Thoughts On CETA

High drama this week, with CETA, the Comprehensive Economic and Trade Agreement between Canada and the EU, first blocked by the Walloons, and then rescued following some marathon diplomacy (or inconsequential fudge, depending on your perspective). Had the Walloon parliament voted against the agreement, Belgium would have been prevented from agreeing to it, thus the unanimous agreement of EU states needed to sign would have failed, and so would the ratification of the deal. Read more

Posted by Peter Boyle in GPC, Opinion
It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

As a largely private mechanism for dispute resolution, international commercial arbitration has been shielded from scrutiny in relation to the composition of its arbitral tribunals. For years, the arbitration institutions did not publish data in relation to the gender, nationality or race of arbitrators appointed to hear disputes. However, this situation is changing. Read more

Posted by GPC Series in GPC, News