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South Africa: How safe for investment?
The Protection of Investment Act affords foreign investors no protections beyond domestic law, and pointedly disavows investor-state international arbitration. The SADC Protocol was also amended by the SADC Summit of heads of state and government.
Kyrgyz Republic defeated in jurisdiction challenge to UNCITRAL investment award
The key issue in the case concerned the proper interpretation of the dispute resolution provision in the 2003 Investment Law, which was the basis for jurisdiction.
Not so sweet: Tanzania confronts arbitration over large-scale sugarcane and ethanol project
Tanzania is currently confronting this challenge, faced with a new international investment dispute tied to a proposed large-scale sugarcane and ethanol production project.
A Nafta battleground on the shores of Canada
This far-flung peninsula in the North Atlantic seems an unlikely place for an international trade dispute. But an American company’s scuttled plans to build a quarry here have turned these quiet fishing grounds into a case study.
Orascom escalates €5B Algeria battle
A long-running battle between Naguib Sawiris’ Orascom and the Algerian authorities rumbled on, with the operator seeking an annulment of a recent decision on the case.
Ecuador’s ordeal: is international jurisdiction a journey with no return? (part I)
This first part begins with a review of the law governing entering and denouncing the ICSID Convention, as well as of an important debate on the effects of withdrawing from it.
ECOWAS calls for Regional Arbitration Forum for dispute resolution
The Economic Community of West African States has called for the creation of a Regional Arbitration Forum as an Alternative Dispute Resolution Mechanism to boost its economic potentials.
Yukos shareholders give up fight for Russia's French assets
A group of major shareholders in dismantled Russian oil giant Yukos announced they were giving up their efforts to seize lucrative state assets as compensation in France following a series of legal setbacks.
ICSID tribunal throws new light on the status of State-owned enterprises under the ICSID Convention
This article will focus on SOEs acting as claimants with a brief contextual examination of their role as ‘respondents’ to support the conclusion that SOEs will always have standing as claimants under ICSID.
Privinvest announce ICC ruling in favour of Hellenic shipyards in dispute with Hellenic Republic
Hellenic Republic is found liable towards Hellenic Shipyards for more than 200 million Euros at the ICC while shareholders are pursuing the Hellenic Republic at the ICSID pursuant to the relevant Bilateral Investment Treaty.