Handicapping investor-state arbitration cases is a tough business. Indeed, it’s difficult to predict when decisions will come down – much less what they will say.
The following somewhat-hastily-cobbled-together list constitutes my best guess as to the 10 most notable awards which may come down in 2010. I won’t hazard a guess as to what’s in [...] read more »

As a political slogan, re-Belizeanization was supposed to have a brief shelf life.
When the Government of Belize announced last August the “re-Belizeanization” of the tiny Central American country’s dominant telecommunications company, Belize Telemedia Limited, the government disavowed any intention to embark upon a broader programme of economic nationalization.
“It is not part of any pattern, part [...] read more »

The emerging rule in the U.S. that, to recognize and enforce an arbitral award under the New York Convention, a U.S. court must have personal jurisdiction over the award debtor or his or her property in the forum, has attracted criticism. International arbitration specialists argue that this requirement restricts enforcement of valid arbitral awards [...] read more »

Agency as a mechanism for compelling a non-signatory to join arbitral proceedings
By Hanna Roos for YIAG
International investors, and those who advise them, continue to be vexed by the question of when a non-signatory, such as a sovereign state, can be compelled to join arbitral proceedings.
A typical scenario involves a private investor who has entered into [...] read more »

In the spirit of spreading some festive cheer, I wanted to share with you what has been going on behind the scenes with Kluwer Arbitration this year. What an exciting year it has been. Following extensive customer research with users towards the end of 2008, a development plan was put in place by Kluwer Law [...] read more »

When mapping the present trajectory of investment treaties, common themes include the “rebalancing” or “recalibration” of substantive disciplines, concepts that signal a retreat from the high-water mark of investor protection and a reorientation towards the preservation of regulatory space for host states. Generally, this phenomenon takes two forms: preparation of new model treaties (the prospective [...] read more »