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Eva Lein

Biography Eva is Professor at the University of Lausanne. Her fields of expertise are private international law, international dispute resolution and comparative law. She also is a Senior Research Fellow and Director of the Centre for Comparative Law at BIICL. Eva is a qualified German lawyer. She fluent in English, French, Italian, Spanish and German and has been lecturing in various countries. She is Honorary Senior Lecturer at Queen Mary University of London and at Queen Mary University…

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Yarik Kryvoi

Professor Yarik Kryvoi is the Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum. Prof Kryvoi's expertise is primarily in the areas of international dispute resolution, including investor-state arbitration and international commercial arbitration, international administrative law and international public law.  In addition to his role at the BIICL, he is a visiting professor at a London-based university and teaches arbitration at the Chartered…

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Save the Date: Forum on Investor-State Mediation

EVENTS Save the Date: Forum on Investor-State Mediation Event - Tags Share Links Event - Timings and Location     Event Details On 11 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law in cooperation with the ISDS Mediation Working Group are organising the Forum…

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18th Annual Review of the Arbitration Act

EVENTS 18th Annual Review of the Arbitration Act Event - Tags Share Links Event - Timings and Location Co-organised in conjunction with Event details BIICL in cooperation with Simmons & Simmons is organising the 18th Annual Review of the Arbitration Act, an authoritative update on recent developments and topics of interest…

Arbitration

Short Course: Public International Law in Practice

EVENTS Short Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location     Event details Short Course Public International Law in Practice offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The…

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Recording: Government response to the pandemic: balancing public health and investment protection

RECORDING Government response to the pandemic: balancing public health and investment protection Event details As states face difficult choices to protect public health and keep their economies afloat, their treatment of foreign investors in this crisis is yet to be tested by investor-state tribunals. The pandemic led governments around the world to take unpopular and often unprecedented measures such as regulating prices and imposing export…

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Recording: Termination of Intra-EU BITs: Legal and Government response to the pandemic

RECORDING Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes Event details 23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This agreement implements the 2018 judgment of the European Court of Justice, in which the Court found that intra-EU BITs violate the EU Treaties. The termination agreement implements the March…

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Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials

WEBINAR Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials Event - Tags Share Links Event - Timings and Location Recording of the webinar Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials Organised in partnership with: Event Details The…

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Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

On 5 May 2020, 23 EU Member States signed an agreement for the termination of intra-EU bilateral investment treaties between EU Members (Termination Agreement). The British Institute of International and Comparative Law (BIICL) hosted a webinar on 1 June 2020 to discuss legal and practical consequences of the Termination Agreement. The webinar featured presentations from representatives of the European Commission, an EU member state, academia and practitioners. This blog post summarizes…

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Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

WEBINAR Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes Event - Tags Share Links Event - Timings and Location  Media Partner Event details 23 Member States of the European Union signed on 5 May 2020 agreement for the termination of intra-EU bilateral investment treaties. This…

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Reimagining the Law

What would you change about the law if you could? This was a question we put to a range of legal professionals - from practising lawyers to former judges, academics and legal commentators - inviting them to reimagine an area of the law or of our justice system, and share their thoughts with us. We were struck by the innovation and creativity of their responses. We are hopeful that later this year the project will expand to look at ways in which the law and its practice might become more…

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Sovereign Wealth Funds and Dispute Resolution

The project Sovereign Wealth Funds and Dispute Resolution focuses on quantitative and qualitative analysis of sovereign wealth funds' approaches to dispute resolution, including the use of international arbitration (commercial and investment treaty), recourse to domestic courts and issues of attribution and enforcement. At the first stage of the project, the research team will collect data in order to track the historic and current dispute resolution practices of sovereign wealth funds.…

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Government response to the pandemic: balancing public health and investment protection

WEBINAR Government response to the pandemic: balancing public health and investment protection Event - Tags Share Links Event - Timings and Location Media Sponsor Event details As states face difficult choices to protect public health and keep their economies afloat, their treatment of foreign investors in this crisis is yet…

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Africa Arbitration Day

EVENTS SAVE THE DATE: Africa Arbitration Day Event - Tags Share Links Event - Timings and Location Event details BIICL in cooperation with Queen Mary University of London and Babcock University are organising the first African Arbitration Day, an authoritative conference on recent developments and topics of interest in international…

Arbitration

Empirical Study: Corporate Restructuring and Investment Treaty Protections

BIICL and Baker McKenzie present the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent interpretations relating to jurisdiction and admissibility. The UNCITRAL working…

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BIICL and Baker McKenzie Announce New Study

New Empirical Study: Corporate Restructuring and Investment Treaty Protections Today BIICL and Baker McKenzie published the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent…

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Empirical Study: Corporate Restructuring and Investment Treaty Protections

BIICL and Baker McKenzie present the first comprehensive empirical study on corporate restructuring and investment treaty protections. The study examines all publicly available decisions of investor-state tribunals dealing with issues of corporate structuring and restructuring. Facilitating the consistency and correctness of decisions remains an important concern for states including with regards to divergent interpretations relating to jurisdiction and admissibility. The UNCITRAL working…

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Foreign Investment Policy in Asia: Liberalization, Facilitation and Screening

EVENTS Foreign Investment Policy in Asia: Liberalization, Facilitation and Screening Event - Tags Share Links Event - Timings and Location Co-organised in partnership with: Dhurakij Pundit University and Nagoya University  Event Details This event co-organised with Dhurakij Pundit University and Nagoya University will…

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Arbitration & Asia: Opportunities & Challenges

EVENTS Arbitration & Asia: Opportunities and Challenges Event - Tags Share Links Event - Timings and Location BIICL is a proud supporting organisation of this event co-organised by Fandga Partners and Three Crowns LLP and hosted by 39 Essex Chambers. Event Details As Asia's prominence in international dispute…

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Course: Comparative Business Law

EVENTS Course: Comparative Business Law Event - Tags Share Links Event - Timings and Location Co-organised in partnership with: Event Details BIICL is working with ESCP Europe Business School on this 30 hour course on Comparative Business Law. Taught by BIICL and ESCP staff and legal practitioners, the course provides an excellent…

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International Commercial Arbitration- The View from the Commonwealth Ecosystem

EVENTS International Commercial Arbitration - The View from the Commonwealth Ecosystem Event - Tags Share Links Event - Timings and Location Co-organised in partnership with          Media Partner Event Details The Commonwealth study into international commercial arbitration provides the rare opportunity…

Arbitration

2019 Empirical study: Provisional measures in investor‑state arbitration

BIICL and White & Case complete a research project on provisional measures in investment arbitration. On 27 November BIICL and White & Case presented the first comprehensive empirical study on provisional measures in investment treaty arbitration. The study examines over a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers a unique insight into how international tribunals treat applications for provisional measures. Over the…

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Short Course: Public International Law in Practice (November 2019)

EVENTS Short Course: Public International Law in Practice (November 2019) Event - Tags Share Links Event - Timings and Location    Event Details Short Course Public International Law in Practice offers a dynamic introduction into applied public international law from the British Institute of International and Comparative…

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ITF Meeting: Provisional Measures in Investor-State Arbitration

EVENTS ITF Meeting: Provisional Measures in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location  Co-organised in partnership with: Event Details BIICL, in conjunction with White & Case, is delighted to present the first comprehensive empirical study on provisional measures in investment treaty arbitration. The…

Arbitration

2019 Empirical study: Provisional measures in investor‑state arbitration

BIICL and White & Case complete a research project on provisional measures in investment arbitration On 27 November BIICL and White & Case presented the first comprehensive empirical study on provisional measures in investment treaty arbitration. The study examines over a hundred decisions and orders rendered by ICSID, UNCITRAL and other investor-state tribunals. It offers a unique insight into how international tribunals treat applications for provisional measures. Over the past…

Arbitration

Challenges of Arbitration in Asia

EVENTS Challenges of Arbitration in Asia Event - Tags Share Links Event - Timings and Location Sponsored by Event Details This event focuses on recent developments of arbitration in Asia. Weixia Gu, University of Hong Kong, will highlight current issues that arise in arbitration from an Asian perspective, and present an inter-jurisdiction…

Arbitration

Blog: Counterclaims in investor-state disputes: time for the system to change?

At a packed BIICL event on 6 November 2020, we discussed counterclaims in investor-state disputes. DLA Piper and the Investment Treaty Forum brought together an excellent panel to discuss the complexities of asserting counterclaims, including jurisdictional, substantive and enforcement aspects of it: Michael Ostrove, David Herlihy, Alison Macdonald and Dainis Pudelis from the State Chancellery of the Republic of Latvia. Although I was not one of the event's main speakers, I have been…

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ITF Meeting: Counterclaims in Investor-State Arbitration

EVENTS ITF Meeting: Counterclaims in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details As the system of investor-state disputes is criticised by some as biased in favour of investors. One aspect of this bias is that many investment treaties only place obligations on the host State to…

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Blog: Appointment of International Judges and Arbitrators: Perspectives from Different Institutions

On 18 October 2019, we put together a joint BIICL/University of Liverpool event on the appointment of international judges and arbitrators. The idea was to look at common trends and divergences between various international courts and tribunals with a particular focus on legitimacy and the rule of law. Diversity as legitimacy I presented my views on the split between the public and private adjudication and how it may undermine the legitimacy of various institutions. For instance, the…

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Appointment of International Judges and Arbitrators: Legality, Legitimacy and the Rule of Law

EVENTS Appointment of International Judges and Arbitrators: Legality, Legitimacy and the Rule of Law Event - Tags Share Links Event - Timings and Location Co-organised with International Law and Human Rights Unit  Event Details The backgrounds and professional qualifications of judges have become salient and contested issues…

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Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration? Blog by Yarik Kryvoi, and Lizaveta Trakhalina Kluwer Arbitration Blog 10/08/19 Read the Blog 

Arbitration

Assistance to States in Investment Treaty Matters

Assistance to States in Investment Treaty Matters The Investment Treaty Forum is pleased to facilitate assistance to States when reforming their domestic laws and international treaties, negotiating international agreements or when faced with an investment dispute. Given that the Forum has been established with a view to facilitating discussion amongst lawyers, policy advisers, academics, government officials and other specialist practitioners, it is in a strong position to assist…

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The Belt & Road Initiative and Global Dispute Resolution London Forum

Time: 14.15-18.00 (Registration from 13.45) Followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP THIS EVENT IS NOW FULLY BOOKED In advance of the of 2019 London International Disputes Week, BIICL, in cooperation with the China International Economic and Trade Arbitration Commission (CIETAC), is delighted to co-organise 'The Belt and Road Initiative and Global Dispute Resolution' London Forum. The…

Arbitration

17th Annual Review of the Arbitration Act

Time: 14.00-18:15 (Registration from 13:30) Venue: Simmons & Simmons LLP, CityPoint, 1 Ropemaker Street, London EC2Y 9SS Event Papers Keynote lecture by Sir Rupert Jackson Judicial Decisions Summaries - December 2017 to February 2019 BIICL in cooperation with Simmons & Simmons is organising the 17th Annual Review of the Arbitration Act. The event will be held on Tuesday 26 March 2019 and will bring together judges, leading practitioners and academics working in the area of international…

Arbitration

ITF Meeting: Annulment in International Investment Law

Time: 18.00-20.30 (Registration from 17.30) Event followed by a drinks reception Venue: Baker Botts LLP, 41 Lothbury, London EC4M 7AN    View the photographs from the event Listen to the audio recording Audio Recording 020619:Annulment in International Investment Law BIICL Investment Treaty Forum in cooperation with Baker Botts is organising a seminar on the law governing the annulment of arbitral awards in international investment law. This event will bring together leading…

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The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions

The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions ICSID Review - Foreign Investment Law Journal, Volume 33, Issue 3, pp. 743-765 (2018) Publication - Download PDF Share Links Publication - Tags

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ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them This paper summarises key practical concerns of some members of the Investment Treaty Forum related to ICSID arbitration, as well as a wider community of experts, how the ICSID reform proposals address these concerns and makes suggestions for further improvement. The paper looks at key concerns of ICSID arbitration users such as timely appointment of arbitrators and challenges to it, over-committed arbitrators…

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Investment Promotion and Protection in the Canada-UK Trade Relationship

A new investment agreement between Canada and the UK constitutes a crucial opportunity to include innovative provisions from recent international agreements and to explore new possibilities to construct a more legitimate regime. In order to support evidence-based decision-making in the negotiation of such an agreement, a comprehensive review of the range of opportunities must be provided. What are the provisions that can be included in an investment agreement between the two states to…

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Blog: ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them

ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them Blog featured in the Kluwer Arbitration Blog Read the blog  

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Blog: Bribery, Corruption, and Fraud in Investor-State Disputes

Blog: Bribery, Corruption, and Fraud in Investor-State Disputes: How Should Tribunals Approach Economic Crimes? Blog featured in the Kluwer Arbitration Blog Read More 

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Economic Crimes in International Investment Law

Economic Crimes in International Investment Law The protection of foreign investment by treaties often clashes with the State's sovereign right to investigate economic crimes committed by investors. This article examines the different approaches taken by tribunals to questions concerning admissibility and jurisdiction, applicable law, the standard of review, the burden and standard of proof and deference to actions taken by domestic courts and regulators related to economic crimes. It…

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Blog: Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws

Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws Blog featuredin the Kluwer Arbitration Blog Read the blog 

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Law and Practice of International Arbitration in the CIS Region

Law and Practice of International Arbitration in the CIS Region Edited by Kaj Hober & Yarik Kryvoi Law and Practice of International Arbitration in the CIS Region offers the first comprehensive overview of commercial arbitration in the Commonwealth of Independent States (CIS) region. After the collapse of the Soviet Union over a dozen new states emerged with their individual systems of international commercial arbitration. Today, the former Soviet republics such as Russia, Ukraine,…

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International Centre for Settlement of Investment Disputes (ICSID)

International Centre for Settlement of Investment Disputes (ICSID) Published by Wolters Kluwer Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. Publication…

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Blog: Enforcement of Settlement Agreements Reached in Arbitration and Mediation

Enforcement of Settlement Agreements Reached in Arbitration and Mediation, 25 November 2015 Blog featured in the Kluwer Arbitration Blog Read the Blog 

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Consent Awards in International Arbitration: From Settlement to Enforcement

Consent Awards in International Arbitration: From Settlement to Enforcement Y. Kryvoi, The British Institute of International and Comparative Law (BIICL) Dmitry Davydenko, Max Planck Institute for Comparative and International Private Law Although over a third of all arbitration proceedings result in settlement agreements very little has been written on the legal status of consent awards in international arbitration. Drawing on comparative analysis of procedural rules and practice of…

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