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Spain, India and Colombia top list of ISDS respondents

Spain, India and Colombia top list of ISDS respondents

22 May 2017

Spain was once again among the most frequent respondents to new investor-state arbitrations in 2016, along with India and Colombia, UNCTAD has revealed - .

No split for Laos casino claim

No split for Laos casino claim

22 May 2017

An ICSID tribunal has refused to split proceedings in a US$200 million dispute between a casino investor and Laos over the state’s alleged investment treaty breaches following a 2014 settlement agreement, in a decision that has recently come to light.

ECT claim against Italy goes to ICSID

ECT claim against Italy goes to ICSID

22 May 2017

After signalling its intention to sue Italy earlier this year – reported by GAR at the time – British energy company Rockhopper Exploration has filed the first Energy Charter Treaty claim against the state since its withdrawal from the instrument last year.

Crimea waters case gets under way in The Hague

Crimea waters case gets under way in The Hague

22 May 2017

A politically-sensitive arbitration between Ukraine and Russia over potentially oil-rich waters adjacent to Crimea is under way in The Hague, heard by a five-member tribunal chaired by South Korean judge Jin-Hyuin Paik that was constituted in accordance with the 1982 UN Convention of the Law of the Sea.

Tapie: the end of the end of the affair?

Tapie: the end of the end of the affair?

20 May 2017

French businessman Bernard Tapie has failed in his two-decade quest to recover money he lost in a 1990s business transaction, which included an allegedly rigged arbitration proceeding.

Winds of change in Pakistan

Winds of change in Pakistan

19 May 2017

Pakistan’s attitude to investment arbitration is evolving – with a bill on the resolution of international trade disputes drafted by Toby Landau QC and others to be considered by the National Assembly soon, learned delegates at three ground-breaking events in Lahore last month, including the first Young ICCA skills training workshop to be held in the country.

The lifelong student

The lifelong student

19 May 2017

Named this year's "best prepared and most responsive arbitrator" at the GAR Awards in Milan, Jean Kalicki tells GAR about the eternal learning role of the international arbitrator, how the next generation must work hard to flourish in a "not quite...Kardashian universe" and how investor-state arbitration is like a soul-searching adolescent.

New light on Ecuador’s efforts to unseat Schwebel

New light on Ecuador’s efforts to unseat Schwebel

19 May 2017

As Ecuador awaits a final award in a denial of justice claim by a US pharmaceuticals company, details of the state’s two failed attempts to disqualify US arbitrator Stephen M Schwebel from the case have come to light, along with a decision on interim measures.

Hanotiau & van den Berg lawyer goes solo in Brussels

Hanotiau & van den Berg lawyer goes solo in Brussels

18 May 2017

After more than 15 years at Hanotiau & van den Berg working with his mentor Bernard Hanotiau, Olivier Caprasse has left the boutique to act as an independent counsel and arbitrator with less risk of conflicts.

GAR Live lookback: Donovan considers challenges to legitimacy of ISDS

GAR Live lookback: Donovan considers challenges to legitimacy of ISDS

18 May 2017

Ahead of GAR Live BITs next week, GAR looks back at last year's event, when Donald Donovan told delegates that the fundamental challenge of investor state dispute resolution is not over-application of the fair and equitable treatment standard, but the lack of predictability in applying it.