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Clocked Out: How the Armenian Civil Code Sank a $331 Million Claim
Can a three-year deadline in Armenia’s Civil Code derail a $331 million investment arbitration? The recent ICSID award in Rasia FZE and Joseph K. Borkowski v. Republic…
Pitfalls and Solutions to the Annulment Procedure of PMAC Arbitral Awards
This article discusses the newly established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC), highlights certain issues about the judicial review of PMAC arbitral…
‘Try Again, Fail Again, Fail Better’: The International Law Commission is back on International Organizations
At its latest session in Geneva, the International Law Commission (ILC) inaugurated the discussions on its new project on the settlement of disputes to which international organizations…
Energy Lessons from the Ukraine Crisis
It is a cliché that wars are fought over energy access. It is just as trite to point out the illegality of military action to secure energy resources…
Sanctioning Qatar: the Finale?
As already commented upon on various occasions on EJIL Talk!, on 5 June 2017 Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt (the ‘quartet’) severed economic…
Collaborative Governance and Dispute Resolution: EU-UK vs. EU-Switzerland
In view of current and upcoming bilateral challenges for partnership agreements between the EU and third countries, this blog post aims at analysing the dispute resolution provisions of…
UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics
In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider…
UNCITRAL and ISDS Reforms: Moving to Reform Options … the Process
Last week has been described as a watershed moment for ISDS reform. During a meeting in Vienna, states decided by consensus on the desirability of developing reforms…
The Dispute between Guyana and Venezuela over the Essequibo Region
Introduction On 29 March 2018, Guyana filed an Application against Venezuela before the International Court of Justice (‘ICJ’) concerning the two States’ long-standing dispute over…
The Shifting Landscape of Investor-State Arbitration: Loyalists, Reformists, Revolutionaries and Undecideds
The investor-state arbitration landscape is shifting under our feet. The utility and legitimacy of traditional investor-state arbitration have come under fire, but states have not converged on a…