On 31 August 2010, a group of over 35 academics (not including the current author), published a Public Statement on the International Investment Regime (Statement). The preamble to the three-page Statement outlines why the Statement has been issued:
We have a shared concern for the harm done to the public welfare by the international investment [...] read more »
Archive for the 'Investment Arbitration' Category
A Brief Comment on the “Public Statement on the International Investment Regime”
Bilateral Investment Treaty Protections And Not-For-Profits: Practically, Is It Worth It?
It is rather interesting to read in the news about how some governments have chosen to “fund” their own government. One government went so far as to simply clear out the checking accounts of small businesses and not-for-profit organizations (”NGOs”). Another government, not necessarily seeking funding but presumably disagreeing with the purpose and/or presence of [...] read more »
Zimbabwe’s Hitting the Arbitration Headlines
Following the controversial land reform programme first introduced by President Robert Mugabe in July 2000, Zimbabwe has found itself in hot water of late, with a number of international disputes being brought by dispossessed farmers against the State.
The first of these disputes was mounted at ICSID in 2005 by a group of 13 Dutch farmers [...] read more »
Fakes vs. Phoenix
The 14 July 2010 Award in Saba Fakes v. Turkey (Fakes) is notable because it expressly disapproves of the approach taken by the Tribunal in Phoenix Action v. Czech Republic, which found in its 15 April 2009 Award that good faith and legality are jurisdictional requirements for access to ICSID arbitration. Fakes is a welcome addition to [...] read more »
Uruguay Hints at Compromise in Arbitration with Philip Morris
A string of mainstream media reports are suggesting that Uruguay is looking to compromise with Philip Morris International in relation to a sensitive international arbitration.
On Tuesday, The UK-based Guardian newspaper reported that Uruguay
has promised to water down anti-smoking laws after pressure from the tobacco giant Philip Morris, prompting accusations of corporate bullying.
More specifically, the paper [...] read more »
20 Years of Investment Treaty Jurisprudence
27 June 2010 marks the 20th anniversary of investment treaty jurisprudence. On 27 June 1990, the tribunal in Asian Agricultural Products Ltd. v. Sri Lanka (ICSID Case No. ARB/87/3) (AAPL) dispatched its final award to the parties. The AAPL tribunal (Dr. Ahmed Sadek El-Kosheri (President), Professor Berthold Goldman and Dr. Samuel Asante) was the first [...] read more »
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