Organisation: OECD

A panel at London International Disputes Week considered the "rise and rise" of state involvement in global disputes and whether it is likely to continue, with a particular focus on state criticism of and attempts to reform investment arbitration.

02 June 2021

The ITA-IEL-ICC joint conference on international energy arbitration considered the future of the energy industry and the challenges the industry faces during the covid-19 pandemic. Maria Slobodchikova of Freshfields Bruckhaus Deringer in New York reports.

24 February 2021

Readers are invited to join us next week for GAR Interactive: BITs – where the climate crisis, the art of the settlement and the Biden administration’s approach to ISDS will be discussed.

15 January 2021

Dyalá Jiménez Figueres has left her post as Costa Rica’s minister of foreign trade to resume her practice as an international arbitrator.

23 September 2020

Responding to a recent GAR article on the value of requiring direct evidence to support allegations of illegality against an investor, Squire Patton Boggs partners John Branson and Raúl Manon argue that tribunals should be prepared to rely on “red flags” to make reasonable inferences about corruption when direct evidence is unavailable.

12 August 2020

While bilateral investment treaties purport to help “host” states attract foreign direct investment from “home” states, Sarita Patil Woolhouse of the UK’s Anglia Ruskin University says an analysis of FDI flows and hundreds of ICSID cases suggests that the routes taken by investments are driven not by the origin of capital but by tax considerations, and that states may therefore only need to sign BITs with a handful of tax havens.

01 October 2019

More than two years ago, the ICSID tribunal in Urbaser v Argentina made significant findings on the role of international human rights law in investment treaty arbitration. Iain Maxwell and Caitlin Eaton of Herbert Smith Freehills in London look at how subsequent tribunals have responded to human rights and environmental considerations.

03 July 2019

The first draft text of a set of rules for arbitration of business and human rights disputes is now available for public consultation.

28 June 2019

Will victims of alleged human rights abuses ever consent to arbitration of their claims? Very possibly was the consensus by the end of GAR Live Energy 2018. As one panel member put it, sometimes victims are “just private parties wanting compensation”.

26 June 2019

A team of lawyers, academics and experts in the fields of white-collar crime and arbitration have put together a toolkit to help arbitrators who suspect or are confronted with alleged corruption or money laundering in international arbitration cases.

03 June 2019