Organisation: OECD

Lawyers from Norton Rose Fulbright – including partner Mark Baker – argue that there is a role for arbitration as a forum for resolution of climate-related disputes and a key mechanism for the enforcement of environmental law and policy.

19 November 2018

UPDATED WITH LINKS. The Netherlands has published a new draft model bilateral investment treaty, which abandons the system of party-appointment of arbitrators and prohibits “double hatting” (acting as both counsel and arbitrator) in investment disputes, among other striking and possibly trail-blazing changes.

16 May 2018

The important role that appointing authorities play in investor-state dispute settlement is marked by limited transparency or accountability and serves to foster “reciprocal relationships” among a small group of institutions and lawyer-arbitrators, according to a new report by the Organisation for Economic Cooperation and Development.

17 April 2018

The OECD’s latest conference on investment treaties in Paris considered whether most-favoured nation clauses should be eliminated because of their susceptibility to abuse, as well as the phenomenon of treaty shopping in investment arbitration and recent initiatives on the part of state negotiators to address it.

04 April 2018

In a keynote speech in Prague, leading Austrian arbitrator Christoph Schreuer has argued that “there is no alternative” to investment arbitration and expressed doubts about the EU’s proposals for a permanent court to hear investor-state disputes.

22 December 2017

UPDATED. At least seven current and 13 former ICJ judges have moonlighted as arbitrators in treaty-based investor state dispute settlement cases during their time on the bench according to a newly published study – threatening to undermine the court’s reputation “as the highest authority on public international law”.

27 November 2017

The Bahrain Chamber for Dispute Resolution - BCDR-AAA - has new rules aimed at bringing its arbitration services in line with international best practice.

13 November 2017

Showing how much can change in the blink of a US presidential election, the liveliest panel at last year’s GAR Live BITs discussed “mega-treaties” - CETA, TTIP, etc. What lessons could be drawn from their content, both substance and process, and what would their effect be more generally? Would they release a bow-wave to wash over any number of pre-existing treaties?

19 May 2017

As the IBA Arbitration Day and GAR Awards in Milan loom this week, details have emerged of a draft revised arbitration law for Italy that aims to speed up proceedings and allow arbitrators to grant interim measures, among other changes.

27 March 2017

GAR continues its publication of shortlists for awards that will soon be open to the public vote, ahead of this year's awards ceremony in Milan on 29 March.

07 March 2017