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Eva Lein
Senior Research Fellow in Private International Law and Director, Centre for Comparative Law
Biography Eva is Professor at the University of Lausanne and Director of the Comparative Law Center at BIICL. Her fields of expertise are private international law, international dispute resolution and comparative law with a special focus on contract law and, more recently, digitalisation. She has also been a Honorary Senior Lecturer at Queen Mary University of London and at Queen Mary, Institute in Paris, a Visiting Professor at different institutions, including the University Paris I (Sorbonne),…
Arbitration+4Yarik Kryvoi
Senior Fellow in International Economic Law and Director of the Investment Treaty Forum
Professor Yarik Kryvoi is the Senior Fellow in International Economic Law and Director of the Investment Treaty Forum. He is also an Of Counsel at Keidan Harrison in London. 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…
Arbitration+5Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform
Event Date: 13th May 2024
EVENTS Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform (Hybrid) Event - Tags Share Links Event - Timings and Location Event Details UNCITRAL Working Group III is one of the six working groups established by the United Nations Commission on International Trade Law (UNCITRAL).…
Arbitration+1Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform (Online Participation)
Event Date: 13th May 2024
EVENTS Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform (Online Participation) Event - Tags Share Links Event - Timings and Location Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page. Event Details…
Arbitration+1Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform (In Person Participation)
Event Date: 13th May 2024
EVENTS Roundtable on UNCITRAL Working Group III: Investor-State Dispute Settlement Reform (In Person Participation) Event - Tags Share Links Event - Timings and Location Please note, this page is for in person participation. If you would like to participate online, please visit the online booking page. Event…
Arbitration+1Forty-First ITF Public Conference: Contracts with States in International Investment Law
Event Date: 19th April 2024
EVENTS Forty-First ITF Public Conference: Contracts with States in International Investment Law (Hybrid) Event - Tags Share Links Event - Timings and Location Media Partner: Event Details When the ICSID Convention was drafted the prevailing view was that most investor-state disputes would arise out of contracts. However,…
Arbitration+1Forty-First ITF Public Conference: Contracts with States in International Investment Law (Online Participation)
Event Date: 19th April 2024
EVENTS Forty-First ITF Public Conference: Contracts with States in International Investment Law (Online Participation) Event - Tags Share Links Event - Timings and Location Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page. …
Arbitration+1Forty-First ITF Public Conference: Contracts with States in International Investment Law (In Person Participation)
Event Date: 19th April 2024
EVENTS Forty-First ITF Public Conference: Contracts with States in International Investment Law (In Person Participation) Event - Tags Share Links Event - Timings and Location Please note, this page is for in person participation. If you would like to participate in person, please visit the online booking page.…
Arbitration+1Basel Winter Arbitration School 2024
Event Date: 5th February 2024
EVENTS Basel Winter Arbitration School 2024 Event - Tags Share Links Event - Timings and Location Basel Winter Arbitration School 2024 Event Details The Basel Winter Arbitration School will take place on 5-9 February 2024 at the Law Faculty of the University of Basel in Switzerland. It will also be possible…
Arbitration+2BIICL publishes new study on taxation measures in investment disputes
25th January 2024
BIICL and WilmerHale are delighted to launch our study on Tax-related Measures in Investor-State Arbitration Co-authored by Professor Yarik Kryvoi of the Investment Treaty Forum (ITF) at BIICL and Danielle Morris, Sam Winter-Barker and Tunç Savaş of WilmerHale, this study presents the findings of our empirical analysis of 70 investor-State treaty disputes and 21 contractual tax-related disputes. In additional to painting a bigger picture of tax-related disputes and identifying…
Arbitration+1Empirical Study: Tax-related Measures in Investor-State Arbitration
25th January 2024
BIICL and WilmerHale are delighted to launch our study on Tax-related Measures in Investor-State Arbitration. In contrast to the existing literature, the authors have taken an empirical approach to assess various aspects of tax-related disputes: the geographic origins of claimants and respondent States, the economic sectors involved, the types of measures challenged, and the likelihood of success, among others. Much of this report presents the findings of an empirical analysis of…
Arbitration+1New study on performance requirement prohibitions in international investment agreements
22nd January 2024
BIICL and Steptoe International (UK) LLP are pleased to present our first comprehensive empirical study of Performance Requirement Prohibitions (PRPs) in International Investment Agreements (IIAs) This study examines over 500 IIAs signed by six States (the United States, Canada, India, France, Australia, and Chile) from the early 1960s to date. This subject matter is both relevant and topical, as many States have turned back the clock and renewed their use of performance requirements as economic…
Arbitration+1Empirical Study: Performance Requirement Prohibitions in International Investment Agreements
22nd January 2024
BIICL and Steptoe International (UK) LLP are pleased to present our first comprehensive empirical study of Performance Requirement Prohibitions (PRPs) in International Investment Agreements (IIAs), This study examines over 500 IIAs signed by six States (the United States, Canada, India, France, Australia, and Chile) from the early 1960s to date. This subject matter is both relevant and topical, as many States have turned back the clock and renewed their use of performance requirements…
Arbitration+1Performance Requirement Prohibitions in International Investment Agreements
Event Date: 18th January 2024
EVENTS Performance Requirement Prohibitions in International Investment Agreements Event - Tags Share Links Event - Timings and Location Event Details BIICL and Steptoe International (UK) LLP are delighted to present our empirical study on performance requirement prohibitions…
Arbitration+1The Impact of Sanctions on International Arbitration – Key Issues
15th December 2023
On 4 July 2023, BIICL organised a roundtable discussion on the Impact of Sanctions on International Arbitration hosted by Latham & Watkins in London. The imposition of sanctions on Russia has created numerous disputes, including disputes related to performance of contracts which contain international arbitration clauses. This has led to legal tension between legal obligations derived from U.S., EU, UK and other sanctions regimes which come into conflict with Russian counter-sanctions…
Arbitration+1Tax-related Measures in Investor-State Arbitration
Event Date: 7th December 2023
EVENTS Tax-related Measures in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, "Taxes are the price we pay for civilization." However,…
Arbitration+2Tax-related Measures in Investor-State Arbitration (In Person Participation)
Event Date: 7th December 2023
EVENTS Tax-related Measures in Investor-State Arbitration (In Person Participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Please note, this page is for in person participation. If you would like to participate online, please visit the online booking page. Event Details The right…
Arbitration+2Tax-related Measures in Investor-State Arbitration (Online Participation)
Event Date: 7th December 2023
EVENTS Tax-related Measures in Investor-State Arbitration (Online Participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page. Event Details The right to tax…
Arbitration+2Use and Abuse of Nationality in International Arbitration (Hybrid)
Event Date: 21st November 2023
EVENTS Use and Abuse of Nationality in International Arbitration (Hybrid) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details In some areas of international law, the "nationality" of a legal or natural person determines the protections or benefits for which that person is…
Arbitration+2Use and Abuse of Nationality in International Arbitration (In person participation)
Event Date: 21st November 2023
EVENTS Use and Abuse of Nationality in International Arbitration (In person participation) Event - Tags Share Links Event - Timings and Location Co-Organised with Please note, this page is for in person participation. If you would like to participate online, please visit the online booking page. Event Details In some areas…
Arbitration+2Use and Abuse of Nationality in International Arbitration (Online participation)
Event Date: 21st November 2023
EVENTS Use and Abuse of Nationality in International Arbitration (Online participation) Event - Tags Share Links Event - Timings and Location Co-Organised with Please note, this page is for in person participation. If you would like to participate online, please visit the in person booking page. Event Details In some areas…
Arbitration+2Young ITF Debate: This house believes that states rather than tribunals are responsible for the failure to give sufficient weight to environmental concerns
Event Date: 14th November 2023
EVENTS Young ITF Debate: This house believes that states rather than tribunals are responsible for the failure to give sufficient weight to environmental concerns Event - Tags Share Links Event - Timings and Location Sponsored by Event Details In the wake of the climate crisis, States are increasingly reconsidering whether their…
Arbitration+3Fortieth ITF Public Conference: Territory in International Investment Law
Event Date: 10th November 2023
EVENTS Fortieth ITF Public Conference: Territory in International Investment Law Event - Tags Share Links Event - Timings and Location Media Partner Event Details In international investment law, the term "territory" generally refers to the geographical area under the sovereign control of a state. It encompasses…
Arbitration+1Fortieth ITF Public Conference Territory in International Investment Law (in person participation)
Event Date: 10th November 2023
EVENTS Fortieth ITF Public Conference Territory in International Investment Law (in person participation) Event - Tags Share Links Event - Timings and Location Media Partner Please note, this page is for in person participation. If you would like to participate online, please visit the online booking page. Event…
ArbitrationFortieth ITF Public Conference Territory in International Investment Law (online participation)
Event Date: 10th November 2023
EVENTS Fortieth ITF Public Conference Territory in International Investment Law (online participation) Event - Tags Share Links Event - Timings and Location Media Partner Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page. Event Details…
Arbitration+1Dinner to celebrate the 40th anniversary of the Investment Treaty Forum
Event Date: 10th November 2023
EVENTS Dinner to celebrate the 40th anniversary of the Investment Treaty Forum Event - Tags Share Links Event - Timings and Location Sponsored by Event Details To celebrate the 40th Public Conference of the Investment Treaty Forum we invite its members and conference speakers to a dinner hosted at Antalya…
Arbitration+1Artificial Intelligence and the practice of investor-state arbitration
8th November 2023
In this blog post, I explain various ways in which artificial intelligence (AI) can be used in investor-state arbitration and the challenges it poses for practitioners and policymakers. I also give examples of specific AI tools, increasingly used by ISDS practitioners and policy-makers and highlight several data-driven studies conducted at the British Institute of International and Comparative Law. Artificial intelligence and its potential in international arbitration According to the…
Arbitration+2Pathogen Sharing and International Law The Search for Equity Under the Pandemic Treaty (In Person Participation)
Event Date: 19th July 2023
EVENTS Pathogen Sharing and International Law The Search for Equity Under the Pandemic Treaty (In Person Participation) Event - Tags Share Links Event - Timings and Location Sponsored by: Please note, this page is for in person participation. If you would like to participate online please visit the online…
Arbitration+4Pathogen Sharing and International Law The Search for Equity Under the Pandemic Treaty (Online Participation)
Event Date: 19th July 2023
EVENTS Pathogen Sharing and International Law The Search for Equity Under the Pandemic Treaty (Online Participation) Event - Tags Share Links Event - Timings and Location Sponsored by: Please note, this page is for online participation. If you would like to participate in person please visit the in person booking page. …
Arbitration+4Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty
Event Date: 19th July 2023
EVENTS Pathogen Sharing and International Law: The Search for Equity Under the Pandemic Treaty Event - Tags Share Links Event - Timings and Location Sponsored by: Event Details World Health Organisation (WHO) Member States are currently negotiating a pandemic treaty, intended to address the global failures…
Arbitration+4The Impact of Sanctions on International Arbitration (Roundtable)
Event Date: 4th July 2023
EVENTS The Impact of Sanctions on International Arbitration (Roundtable) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details Economic sanctions have become an increasingly significant foreign policy tool that have the clear, and intended, impact of interfering with global trade. Sanctions have…
Arbitration+2The Impact of Sanctions on International Arbitration (In Person Participation)
Event Date: 4th July 2023
EVENTS The Impact of Sanctions on International Arbitration (In Person Participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Please note, this page is for in person participation. If you would like to participate online, please visit the online booking page. Event Details Economic…
Arbitration+1The Impact of Sanctions on International Arbitration (Online Participation)
Event Date: 4th July 2023
EVENTS The Impact of Sanctions on International Arbitration (Online Participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Please note, this page is for online participation. If you would like to participate in person, please visit the in person booking page. Event…
Arbitration+1Young ITF Workshop on Damages in ISDS
Event Date: 14th June 2023
EVENTS Young ITF Workshop on Damages in ISDS Event - Tags Share Links Event - Timings and Location Event Details The first Young ITF workshop on quantum will serve as an opportunity to understand legal and technical considerations affecting quantum assessment in ISDS. The workshop will cover the measures and…
Arbitration+2Mining Disputes Between Investors and States
Event Date: 1st June 2023
EVENTS Mining Disputes Between Investors and States (Hybrid) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details Mineral resources have become ever-more essential to the production of goods in the global economy. This in turn has made the mining industry of ever-increasing importance.…
Arbitration+3Symposium on 'Public and Private Governance of Cybersecurity: Challenges and Potential'
Event Date: 26th May 2023
EVENTS Symposium on 'Public and Private Governance of Cybersecurity: Challenges and Potential' Event - Tags Share Links Event - Timings and Location Event Details BIICL has partnered with Nagoya University and the Japan Forum on International Relations (JFIR) to organise…
Arbitration+3Disinformation in international disputes
Event Date: 18th May 2023
EVENTS Disinformation in international disputes Event - Tags Share Links Event - Timings and Location This event is part of London International Disputes Week 2023 Event Details Join us for a panel discussion addressing the question of how disinformation and misinformation can impact international disputes and how lawyers…
Arbitration+1Disputes involving States arising out of war
Event Date: 18th May 2023
EVENTS Disputes involving States arising out of war Event - Tags Share Links Event - Timings and Location This event is part of London International Disputes Week 2023 Event Details This event is hosted by White & Case, Clyde & Co and 3 Verulam Buildings (3VB) in partnership with the BIICL, Squire…
Arbitration+1London as the world’s leading dispute resolution hub: numbers and challenges
17th May 2023
The rich programme of the 2023 London International Disputes Week (LIDW) serves as proof of the leading role of London not only in Europe but in the world when it comes to international dispute resolution. The range of topics on the programme (from commercial, construction, and investor-state to crypto, mining and energy disputes) is not even covering the full spectrum of London-based international dispute resolution mechanisms. For example, in a couple of weeks, we are organising the…
Arbitration+1Does the approach of the Multilateral Investment Court to appointment of judges appropriately balance interests of States and investors?
3rd May 2023
On 6 December 2022, the Third Young Investment Treaty Forum Debate took place in the offices of Arnold & Porter in London. The House's motion was that the approach of the Multilateral Investment Court to the appointment of judges does not appropriately balance interests of States and investors. The event was held under the Chatham House rules, and the arguments advanced by the speakers were for the purposes of the debate only. They did not represent their personal views or those of…
Arbitration+2Thirty Ninth ITF Public Conference: Energy Disputes in ISDS
Event Date: 21st April 2023
EVENTS Thirty Ninth ITF Public Conference: Energy Disputes in ISDS Event - Tags Share Links Event - Timings and Location Media Partner Event Details On 21 April 2023, the Investment Treaty Forum brings together senior practitioners, representatives of States, arbitrators, academics and other experts…
Arbitration+2Basel Winter Arbitration School 2023
Event Date: 5th February 2023
EVENTS Basel Winter Arbitration School 2023 Event - Tags Share Links Event - Timings and Location Event Details The Basel Winter Arbitration School will take place on 5-10 February 2023 at the Law Faculty of the University of Basel in Switzerland. It will also be possible to attend the school in an online format.…
Arbitration+144th session of the UNCITRAL Working Group III: Code of Conduct for Arbitrators, its Enforcement, Corruption Allegations in ISDS
3rd February 2023
The UNCITRAL Group III on investor-state dispute settlement reform met on 23-27 January 2023 in Vienna and focused on the commentary on the draft code of conduct for adjudicators in ISDS and the appellate mechanism. On 24 January Vladimir Kozin and I presented key findings of the UNODC ongoing study on corruption allegations in ISDS. Discussions of the Working Group III members related to the code of conduct revolved around the duties to disclose, avoiding conflicts of interest and the binding…
Arbitration+12nd Africa Arbitration Day (In person participation)
Event Date: 19th January 2023
EVENTS 2nd Africa Arbitration Day (In person participation) Event - Tags Share Links Event - Timings and Location Co-Organised with Conference Details Today, Africa is arguably the most magnetic of the world's emerging economies with a fast-rising youthful population and enormous opportunities for international trade and investments.…
Arbitration+42nd Africa Arbitration Day (online participation)
Event Date: 19th January 2023
EVENTS 2nd Africa Arbitration Day (online participation) Event - Tags Share Links Event - Timings and Location Co-organised with Conference Details Today, Africa is arguably the most magnetic of the world's emerging economies with a fast-rising youthful population and enormous opportunities for international trade and investments.…
Arbitration+42nd Africa Arbitration Day (Hybrid)
Event Date: 19th January 2023
EVENTS 2nd Africa Arbitration Day (Hybrid) Event - Tags Share Links Event - Timings and Location Co-organised with Conference Outline Today, Africa is arguably the most magnetic of the world's emerging economies with a fast-rising youthful population and enormous opportunities for international trade and investments. Disputes…
Arbitration+4Provisional Measures in Investor-State Arbitration (in-person participation)
Event Date: 18th January 2023
EVENTS Provisional Measures in Investor-State Arbitration (in-person participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details BIICL and White & Case are delighted to present our 2023 comprehensive empirical study on provisional measures in investment treaty arbitration. It builds…
Arbitration+1Provisional Measures in Investor-State Arbitration (2023 Study Launch)
Event Date: 18th January 2023
EVENTS Provisional Measures in Investor-State Arbitration (2023 Study Launch) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details BIICL and White & Case are delighted to present our 2023 comprehensive empirical study on provisional measures in investment treaty arbitration. It builds…
Arbitration+1Provisional Measures in Investor-State Arbitration (online participation)
Event Date: 18th January 2023
EVENTS Provisional Measures in Investor-State Arbitration (online participation) Event - Tags Share Links Event - Timings and Location Co-organised with: Event Details BIICL and White & Case are delighted to present our 2023 comprehensive empirical study on provisional measures in investment treaty arbitration. It builds…
Arbitration+1Empirical Study: Provisional measures in investor‑state arbitration (2023)
18th January 2023
BIICL and White & Case are delighted to present our 2023 empirical study on provisional measures in investment treaty arbitration It builds on the success of the 2019 report on provisional measures ("the 2019 Report"), which has now been extensively cited in academic literature, and decisions of arbitral tribunals and parties' submissions on provisional measures. The study consists of three parts, summarising key new developments that have occurred since the 2019 Report, exploring…
Arbitration+1Empirical Study: Provisional measures in investor‑state arbitration (2023)
18th January 2023
BIICL and White & Case are delighted to present our 2023 empirical study on provisional measures in investment treaty arbitration. It builds on the success of the 2019 report on provisional measures ("the 2019 Report"), which has now been extensively cited in academic literature, and decisions of arbitral tribunals and parties' submissions on provisional measures. The study consists of three parts, summarising key new developments that have occurred since the 2019 Report, exploring…
Arbitration+1This House believes that the approach of the Multilateral Investment Court to appointment of judges will not appropriately balance interests of States and investors
Event Date: 6th December 2022
EVENTS Young ITF Debate: This House believes that the approach of the Multilateral Investment Court to appointment of judges will not appropriately balance interests of States and investors Event - Tags Share Links Event - Timings and Location Sponsored by Event Details The proposed Multilateral Investment Court will appoint…
Arbitration+1The Virtual Kaplan Lecture 2022
Event Date: 30th November 2022
EVENTS The Virtual Kaplan Lecture 2022 Event - Tags Share Links Event - Timings and Location Event Details The Kaplan Lecture 2022 will be delivered by Robert Spano, President of the European Court of Human Rights on the topic Investor State Arbitration - A New Frontier Speaker Robert Spano, President of the European Court…
ArbitrationThirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS
16th November 2022
The ubiquity of investor-state dispute settlement (both in terms of the number of states and investors participating in this mechanism and the number of proceedings initiated) raise much more than purely investment treaty questions. For instance, they also address potential interactions with other regimes and also issues of systemic coherence and integrity (such as the abuse of the system by groups of companies bringing formally different claims, but actually deriving from the same set of…
Arbitration+1The Review of the Arbitration Act 1996: How do we maintain English arbitration law as state of the art?
Event Date: 16th November 2022
EVENTS The Review of the Arbitration Act 1996: How do we maintain English arbitration law as state of the art? Event - Tags Share Links Event - Timings and Location Co-organised with Event Details The Law Commission has recently reviewed the Arbitration Act 1996 to ensure that it continues to promote the UK as a leading…
Arbitration+5Are States Still Masters of their Treaties? The Role of Subsequent Agreements and Subsequent Practice in Treaty Interpretation
Event Date: 15th November 2022
EVENTS Are States Still Masters of their Treaties? The Role of Subsequent Agreements and Subsequent Practice in Treaty Interpretation Event - Tags Share Links Event - Timings and Location Sponsored by: Event Details States are often said to be the "Masters of their Treaties." However, recent decisions of arbitral tribunals in…
Arbitration+1Are States Still Masters of their Treaties? The Role of Subsequent Agreements and Subsequent Practice in Treaty Interpretation (Online Participation)
Event Date: 15th November 2022
EVENTS Are States Still Masters of their Treaties? The Role of Subsequent Agreements and Subsequent Practice in Treaty Interpretation (Online Participation) Event - Tags Share Links Event - Timings and Location Sponsored by: Event Details States are often said to be the "Masters of their Treaties." However, recent decisions of…
Arbitration+1Is the concept of Legitimate Expectations Spiraling Out of Control?
9th November 2022
On 13 September 2022, the Second Young Investment Treaty Forum Debate took place in the offices of Allen & Overy in London. The House's motion was that the concept of legitimate expectations in investment arbitration is spiraling out of control. The event was held under the Chatham House rules, and the arguments advanced by the speakers did not represent their personal views or those of their respective organizations or clients. Arguments that the doctrine of legitimate expectations…
Arbitration+1The effect of sanctions on investment arbitration
24th October 2022
Illustration: Daily Mail These remarks were delivered at the 12th Investment Treaty Arbitration Conference organised by the Ministry of Finance of the Czech Republic on 20 October 2022. Following the 2022 Russian invasion of Ukraine, the effect of sanctions on arbitration has become an increasingly important topic. Within weeks of the invasion, the European Union, United States, United Kingdom, Japan and other states imposed sweeping sanctions to support peace and the territorial integrity…
Arbitration+2Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS (In Person Participation)
Event Date: 14th October 2022
EVENTS Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS Event - Tags Share Links Event - Timings and Location Media sponsor Photographs from the event EVENTS Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS Event Details On 14 October 2022, the Investment…
Arbitration+1Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS (Online Participation)
Event Date: 14th October 2022
EVENTS Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS (Online Participation) save the date) Event - Tags Share Links Event - Timings and Location Media Sponsor Photographs from the event EVENTS Thirty Eighth ITF Public Conference: Complex Arbitration Proceedings in ISDS Event Details…
Arbitration+2UNCITRAL investor-state dispute settlement reform group makes progress despite disagreements
20th September 2022
Earlier this month I had the honour of participating in the 43rd session of the UNCITRAL Working Group III Investor-State Dispute Settlement Reform, which took place in Vienna. The session demonstrated that although the group is making progress, on a number of issues disagreements persist between various states. This brief summary highlights some highlights of the session, which will be discussed in more detail in the next edition of the Annual ISDS Review. The session focused on a range of…
Arbitration+1Revised ICSID Arbitration Rules: Key Changes (In Person Participation)
Event Date: 15th September 2022
EVENTS Revised ICSID Arbitration Rules: Key Changes (In Person Participation) Event - Tags Share Links Event - Timings and Location Event Details On 1st July 2022, the new ICSID Rules came into effect. This has marked an end of a nearly six-year long process that ICSID launched to modernise, simplify, and streamline the rules…
Arbitration+2Revised ICSID Arbitration Rules: Key Changes (Online Participation)
Event Date: 15th September 2022
EVENTS Revised ICSID Arbitration Rules: Key Changes (Online Participation) Event - Tags Share Links Event - Timings and Location Event Details On 1st July 2022, the new ICSID Rules came into effect. This has marked an end of a nearly six-year long process that ICSID launched to modernise, simplify, and streamline the rules while…
Arbitration+3Young ITF Debate on Legitimate Expectations
Event Date: 13th September 2022
EVENTS Young ITF Debate on Legitimate Expectations Event - Tags Share Links Event - Timings and Location Sponsored by Event Details It is now rare to find an investment dispute which does not include a claim of a breach of legitimate expectations. Such claims have been successful in a wide variety of circumstances leading to…
Arbitration+3Modern Disputes Management and Arbitration for Competitive Economies
Event Date: 13th September 2022
EVENTS Modern Disputes Management and Arbitration for Competitive Economies Event - Tags Share Links Event - Timings and Location Co-organised with Istanbul Arbitration Association Webinar Details Join BIICL, the Istanbul Arbitration Association and a panel of global experts who will discuss ways in which modern dispute…
ArbitrationNational Security Regime and FDI (In Person Participation)
Event Date: 12th May 2022
EVENTS National Security Regime and FDI (In Person Participation) Event - Tags Share Links Event - Timings and Location Co-organised by Event Details In 2021, the United Kingdom adopted the National Security and Investment Act (NSI Act), which allows the government to scrutinise and intervene in certain acquisitions made by anyone,…
Arbitration+2Young ITF Launch Debate: Amicus briefs and ISDS legitimacy crisis (In Person Participation)
Event Date: 5th May 2022
EVENTS Young ITF Launch Debate: Amicus briefs and ISDS legitimacy crisis (In Person Participation) Event - Tags Share Links Event - Timings and Location Sponsored by Event Details On 5 May 2022, Young ITF will host its launch event. The main aim of the Young ITF is to provide young professionals around the world with opportunities…
Arbitration+2Young ITF Launch Debate: Amicus briefs and ISDS legitimacy crisis (Online Participation)
Event Date: 5th May 2022
EVENTS Young ITF Launch Debate: Amicus briefs and ISDS legitimacy crisis (Online Participation) Event - Tags Share Links Event - Timings and Location Sponsored by: Event Details On 5 May 2022, Young ITF will host its launch event. The main aim of the Young ITF is to provide young professionals around the world with opportunities…
Arbitration+1Thirty Seventh ITF Public Conference: Overlapping Treaty Regimes in International Investment Law (Online Participation)
Event Date: 22nd April 2022
EVENTS Thirty Seventh ITF Public Conference: Overlapping Treaty Regimes in International Investment Law (Online Participation) Event - Tags Share Links Event - Timings and Location Media Partner Event Details On 22 April 2022, the Investment Treaty Forum brings together senior practitioners, arbitrators, academics and other…
Arbitration+2Basel Winter Arbitration School
Event Date: 6th February 2022
EVENTS Basel Winter Arbitration School Event - Tags Share Links Event - Timings and Location Event Details The Basel Winter Arbitration School will take place on 6 - 11 February 2022 at the Law Faculty of the University of Basel, Switzerland's oldest university. It will also be possible to attend the school…
Arbitration+1VI FIAMC Moscow Pre-Moot 2022
Event Date: 4th February 2022
EVENTS VI FIAMC Moscow Pre-Moot 2022 Event - Tags Share Links Event - Timings and Location Photo by Olia Nayda on Unsplash Event Details Since 2017, the Russian Institute of Modern Arbitration has been holding FIAMC Moscow Pre-Moot in Russia. Teams from universities of Russia, Belarus, France, Slovenia, Germany, Austria, India,…
ArbitrationExpert Group Meeting on Corruption and International Investments – Key Findings Revealed
20th December 2021
On 16 December 2021, I had the privilege of co-chairing with Vladimir Kozin (UNODC) an event featuring key recommendations of the forthcoming report on corruption and foreign direct investments and corruption and investor-state dispute settlement. This blog summarises key developments, which led to these findings and the document itself. Resolution 8/9 (2019) of State Parties to The United Nations Convention Against Corruption With over 180 State parties, the United Nations Convention against…
Arbitration+1Taking Stock of Work of the Expert Group Meeting on Corruption and International Investments
Event Date: 16th December 2021
EVENTS Taking Stock of Work of the Expert Group Meeting on Corruption and International Investments Event - Tags Share Links Event - Timings and Location Organised in partnership with Event Details The expert level side event on Taking Stock of Work of the Expert Group Meeting on Corruption and International Investments…
Arbitration+2The Virtual Kaplan Lecture 2021: Arbitrating financial disputes - are they different and what lies ahead?
Event Date: 1st December 2021
EVENTS The Virtual Kaplan Lecture 2021: Arbitrating financial disputes - are they different and what lies ahead? Event - Tags Share Links Event - Timings and Location Event Details The Kaplan Lecture 2021 will be delivered by Sir William Blair on the topic Arbitrating financial disputes - are they different…
Arbitration+12nd Annual Africa Arbitration Day
Event Date: 1st November 2021
SAVE THE DATE 2nd Annual 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 second African Arbitration Day, an authoritative conference…
Arbitration+2BIICL Comparative Arbitration Workshop
Event Date: 26th October 2021
EVENTS BIICL Comparative Arbitration Workshop Event - Tags Share Links Event - Timings and Location Part of the Annual Hong Kong Arbitration Week Event Details The BIICL Comparative Arbitration Workshop brings together practitioners, academics and policy-makers to discuss international arbitration from a comparative…
Arbitration+1Thirty Sixth ITF Public Conference: Time Limits in International Investment Law (online)
Event Date: 22nd October 2021
EVENTSVENTS Thirty Sixth ITF Public Conference: Time Limits in International Investment Law (online) Event - Tags Share Links Event - Timings and Location Sponsored by Media…
Arbitration+1Thirty Sixth ITF Public Conference Time Limits in International Investment Law (in person)
Event Date: 22nd October 2021
EVENTS Thirty Sixth ITF Public Conference: Time Limits in International Investment Law (in person) Event - Tags Share Links Event - Timings and Location Sponsored by Media…
Arbitration+1State responsibility: Where are we and where to next?
Event Date: 30th September 2021
EVENTS State responsibility: Where are we and where to next? Event - Tags Share Links Event - Timings and Location Sponsored by: Event Details It has been 20 years since the International Law Commission completed its work on state responsibility, culminating in the United Nations General Assembly deciding to take note of the…
Arbitration+3Taking Stock: International Commercial Courts in Europe and Asia (in-person)
Event Date: 17th September 2021
SAVE THE DATE Taking Stock: International Commercial Courts in Europe and Asia (in-person) Event - Tags Share Links Event - Timings and Location Event Details In recent years, International Commercial Courts have been established across Europe and in Asia. Now that these courts have been dealing with international cases for a…
Arbitration+3Taking Stock: International Commercial Courts in Europe and Asia
Event Date: 17th September 2021
EVENTS Taking Stock: International Commercial Courts in Europe and Asia Event - Tags Share Links Event - Timings and Location Event Details In recent years, International Commercial Courts have been established across Europe and in Asia. Now that these courts have been dealing with international cases for a while, it is…
Arbitration+3ITF Meeting: Sovereign Wealth Funds and International Dispute Resolution (online)
Event Date: 14th September 2021
EVENTS Sovereign Wealth Funds and International Dispute Resolution (online) Event - Tags Share Links Event - Timings and Location Event Details On 14 September 2021, BIICL and Withers LLP will launch a report on Sovereign Wealth Funds (SWFs) and dispute resolution. The report presents findings of a months-long research…
Arbitration+1ITF Meeting: Sovereign Wealth Funds and International Dispute Resolution (in-person)
Event Date: 14th September 2021
EVENTS Sovereign Wealth Funds and International Dispute Resolution (in-person) Event - Tags Share Links Event - Timings and Location Event Details On 14 September 2021, BIICL and Withers LLP will launch a report on Sovereign Wealth Funds (SWFs) and dispute resolution. The report presents findings of a months-long research project…
Arbitration+1BIICL publishes new study on sovereign wealth funds and dispute resolution
14th September 2021
The BIICL Investment Treaty Forum in partnership with Withers is delighted to announce the publication of our study on "Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution" With assets under management worth over USD 10 trillion and about 7.8% of all listed equities worldwide under their control, SWFs are among the world's most powerful economic actors. The 20 largest SWFs own 89% of these assets. Despite their significance, the topic of SWFs and dispute resolution has…
Arbitration+1Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution
14th September 2021
With assets under management worth over USD 10 trillion and about 7.8% of all listed equities worldwide under their control, SWFs are among the world's most powerful economic actors. The 20 largest SWFs own 89% of these assets. Despite their significance, the topic of SWFs and dispute resolution has not until now received the comprehensive consideration and analysis that its importance merits. This joint Report of the BIICL and Withers fills this gap by examining the structure and dispute…
Arbitration+3Young ITF
Last Updated: 11th August 2021
Young ITF Introduction Established in 2022, Young ITF is a learning, discussion and networking forum for junior practitioners, postgraduate students, civil servants and academics interested in international economic law. It works under the patronage of the British Institute of International and Comparative Law and its Investment Treaty Forum. Main aims of Young ITF Young ITF aims to provide junior professionals in London and elsewhere around the globe with opportunities to…
Arbitration+1New empirical study on annulment in investor-State arbitration
19th July 2021
BIICL and Baker Botts LLP launch comprehensive empirical study on annulment which sheds light on decision-making in investor-state disputes under the ICSID Convention Today BIICL and Baker Botts LLP are pleased to announce the publication of a comprehensive empirical study on annulment in investor-State arbitration under the Rules of the International Centre for Settlement of Investment Disputes. Co-authored by Yarik Kryvoi of BIICL, Johannes Koepp and Jack Biggs of Baker Botts, the study…
Arbitration+1Empirical Study: Annulment in ICSID Arbitration
14th July 2021
This study examines over 150 annulment decisions rendered by ICSID ad hoc committees and offers a unique insight into how the ICSID system deals with annulment. It provides a detailed examination of the entire universe of publicly available annulment awards. In particular, it builds on the Updated Background Paper on Annulment for the Administrative Council of ICSID published by ICSID in May 2016. This report examines the trends and practices of annulment committees on key issues…
Arbitration+3Private or Public Adjudication? Procedure, Substance and Legitimacy
4th June 2021
Private or Public Adjudication? Procedure, Substance and Legitimacy Author: Yarik Kryvoi Leiden Journal of International Law , Volume 34 , Issue 3 , September 2021 , pp. 681 - 703 This article identifies the essential differences between public and private adjudication and their implications for the legitimacy and efficiency of dispute resolution institutions, as well as the rule of law. Public adjudication comes at a significant cost for the taxpayers but helps secure a consistent body…
Arbitration+1BIICL publishes new study on costs, damages and duration in investor-state arbitration
3rd June 2021
The BIICL Investment Treaty Forum in partnership with Allen and Overy is delighted to announce the publication of our empirical study on "Costs, Damages and Duration in Investor-State Arbitration" The study examines over 400 ICSID, UNCITRAL and ICSID annulment decisions rendered in investor-state arbitrations and builds on earlier empirical studies conducted by Allen & Overy. It gives an evidence-based account of how much investment arbitral proceedings cost, how tribunals allocate those…
Arbitration+1Empirical Study: Costs, Damages and Duration in Investor-State Arbitration
2nd June 2021
This study examines over 400 investor-State cases conducted under ICSID, UNCITRAL and other arbitration rules, and over 70 ICSID annulment decisions, giving a comprehensive account of how long ISDS proceedings last, how much they cost, how tribunals allocate those costs as well as the amounts of damages awarded. It offers an empirical insight into the current position of costs incurred by parties in investor-State arbitrations and also changes in tribunals' practice in fixing and…
Arbitration+3Non-Retroactivity as a General Principle of Law
26th May 2021
Non-Retroactivity as a General Principle of Law Kryvoi, Y. and Matos, S., 2021. Non-Retroactivity as a General Principle of Law. Utrecht Law Review, 17(1), pp.46-58. Authors: Yarik Kryvoi; Shaun Matos This article examines the principle of non-retroactive application of law, which prohibits the application of law to events that took place before the law was introduced. The application of this principle has become particularly controversial as states adopt stricter regulations to tackle…
Arbitration+1ITF Meeting: Damages, Costs and Duration of Investment Treaty Arbitration
Event Date: 14th May 2021
EVENTS ITF Meeting: Damages, Costs and Duration of Investment Treaty Arbitration Event - Tags Share Links Event - Timings and Location In collaboration with: Event Details On 14 May 2021, Allen & Overy and the British Institute of International and Comparative Law launched a joint report on "Damages, Costs and…
Arbitration+2Empirical Study: Costs, Damages and Duration in Investor-State Arbitration
3rd May 2021
The BIICL Investment Treaty Forum in partnership with Allen and Overy is delighted to announce the publication of our empirical study on "Costs, Damages and Duration in Investor-State Arbitration" The study analysed over 400 ICSID, UNCITRAL and ICSID annulment decisions rendered in investor-state arbitrations and builds on earlier empirical studies conducted by Allen & Overy. It gives an evidence-based account of how much investment arbitral proceedings cost, how tribunals allocate…
Arbitration+3Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration
Event Date: 29th April 2021
EVENTS Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration Event - Tags Share Links Event - Timings and Location Sponsored by: Media Partner: Event Details…
Arbitration+2Swiss-UK Bilateral Relations outside EU Membership
Event Date: 28th April 2021
EVENTS Swiss-UK Bilateral Relations outside EU Membership Event - Tags Share Links Event - Timings and Location Event Details Brexit has led to a new triangle of legal relations in Europe outside of EU membership: UK-EU; Swiss-EU; and UK-Swiss. The United Kingdom left the European Union on 31 January 2020. After 47 years of a…
Arbitration+5Appointment and Removal of ISDS Arbitrators: Practical Problems and Prospects for Reform
Event Date: 29th March 2021
EVENTS Appointment and Removal of ISDS Arbitrators: Practical Problems and Prospects for Reform Event - Tags Share Links Event - Timings and Location Image courtesy of ICSID Sponsored By: …
Arbitration+2UK and International Experience in the Admission, Regulation and Operation of Arbitral Institutions
22nd February 2021
UK and International Experience in the Admission, Regulation and Operation of Arbitral Institutions Great Britain China Centre Author: Yarik Kryvoi States increasingly compete for arbitration users because it helps them to offload the courts, create business opportunities for domestic lawyers and serviced related to law (experts, interpreters, witnesses, conference organizers, hospitality industry). Foreign law firms also actively set up branches of their firms in what they perceive as…
Arbitration+1Short Course: Public International Law in Practice
Event Date: 16th February 2021
EVENTS Short Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location Course Details The Public International Law in Practice course offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The…
Arbitration+6Launch of Empirical Study on Annulment in Investor-State Disputes
Event Date: 28th January 2021
EVENTS Launch of Empirical Study on Annulment in Investor-State Disputes Event - Tags Share Links Event - Timings and Location Event Details On 28 January 2021 BIICL and Baker Botts will present the first comprehensive empirical study on annulment in investment treaty arbitration. The study examines hundreds of…
Arbitration+1Empirical Study: Annulment in ICSID Arbitration
Yarik Kryvoi | 28th January 2021
BIICL and Baker Botts are pleased to present this comprehensive empirical study on annulment in investor-State arbitration under the auspices of ICSID This report examines the trends and practices of annulment committees on key issues such as the success rate of annulment applications, the most frequently invoked annulment grounds, the length and costs of annulments proceedings. It also provides an in-depth analysis on how tribunals approach the specific annulment grounds under Article…
Arbitration+3Forum on Investor-State Mediation - recordings
Last Updated: 19th January 2021
Forum on Investor-State Mediation: Recordings On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), in cooperation with the ISDS Mediation Working Group, organised a conference on Investor-State Mediation. The event was conveyed by Prof. Yarik Kryvoi of BIICL, Wolf von Kumberg of IDR London and Prof. Malik R. Dahlan of BIICL and Queen Mary University London. It brought together participants from the investor-state…
Arbitration+1Investor-State Mediation: Trends, Risks and Opportunities
18th January 2021
On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), in cooperation with the ISDS Mediation Working Group, organised a conference on Investor-State Mediation. The event was conveyed by Prof. Yarik Kryvoi of BIICL, Wolf von Kumberg of IDR London and Prof. Malik R. Dahlan of BIICL and Queen Mary University London. It brought together participants from the investor-state mediation community, including mediation practitioners,…
Arbitration+1Emissions Trading: International Law and Dispute Resolution
7th January 2021
On 18 November 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL), along with Three Crowns LLP, co-hosted a conference on Emissions Trading: International Law and Dispute Resolution. Professor Yarik Kryvoi opened the conference and introduced the speakers. The chair of the panel was Kathryn Khamsi of Three Crowns LLP. The other panellists were William Acworth of the International Carbon Action Partnership, Lisa DeMarco of DeMarco Allan LLP…
Arbitration+3Recording: Government response to the pandemic: balancing public health and investment protection
Event Date: 31st December 2020
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…
Arbitration+3Recording: Termination of Intra-EU BITs: Legal and Government response to the pandemic
Event Date: 31st December 2020
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…
Arbitration+3Forum on Investor-State Mediation
Event Date: 8th December 2020
EVENTS Forum on Investor-State Mediation Event - Tags Share Links Event - Timings and Location Media Partner: Read the event summary | Watch the recordings of the presentations Event Details On 8-9 December 2020, the Investment Treaty Forum of the British Institute of International and Comparative…
Arbitration+3Breathing Space - Guidelines for the resolution of disputes in the 2020 pandemic
Event Date: 27th November 2020
EVENTS Breathing Space - Guidelines for the resolution of disputes in the 2020 pandemic Event - Tags Share Links Event - Timings and Location Event Details BIICL's "Breathing Space" series considers how the legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery.…
Arbitration+9Prof. Yarik Kryvoi delivers presentation at UNCTAD's Virtual IIA Conference 2020
23rd November 2020
On Monday, 23 November Prof. Yarik Kryvoi contributed to the UNCTAD's Virtual IIA Conference 2020: 'IIA Reform in Times of COVID-19' In his five minute presentation Prof. Yarik Kryvoi gave an overview of several projects relevant to the reform of international investment agreements that the Investment Treaty Forum is currently working on or have just completed. This included projects on corruption and FDI, corporate restructuring and ISDS, as well as tackling inequalities in international…
Arbitration+1Emissions Trading: International Law and Dispute Resolution
Event Date: 18th November 2020
EVENTS Emissions Trading: International Law and Dispute Resolution Event - Tags Share Links Event - Timings and Location Recording of the main presentations (discussions were not recorded) Emissions Trading: International Law and Dispute Resolution In collaboration with: Read the event summary …
Arbitration+3The Limits of State Regulatory Powers: 34th ITF Public Conference Summary
17th November 2020
On 10-11 September 2020, the Investment Treaty Forum of the British Institute of International and Comparative Law (BIICL) organised a conference on State Regulatory Powers and Their Limits. The conference gathered representatives of states, experienced practitioners, and academics working on these matters. Prof Yarik Kryvoi opened the conference and highlighted the importance of reassessing regulatory powers of states, particularly in the context of the Covid-19 pandemic and Brexit. He introduced…
Arbitration+1The Virtual Kaplan Lecture 2020: Omnipotence Fantasies
Event Date: 9th November 2020
PARTNER EVENT The Virtual Kaplan Lecture 2020: Omnipotence Fantasies Event - Tags Share Links Event - Timings and Location Event Details The Kaplan Lecture 2020 will be delivered by Jan Paulssson on the topic 'Omnipotence Fantasies' About the Speaker Jan Paulsson, a founding partner of Three Crowns LLP, has practiced exclusively…
Arbitration18th Annual Review of the Arbitration Act
Event Date: 8th October 2020
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…
ArbitrationVirtual Course: Public International Law in Practice
Event Date: 29th September 2020
ONLINE Virtual Course: Public International Law in Practice Event - Tags Share Links Event - Timings and Location Course Details The Public International Law in Practice course offers a dynamic introduction into applied public international law from the British Institute of International and Comparative Law. The programme…
Arbitration+6Short Course: Public International Law in Practice
Event Date: 22nd September 2020
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…
Arbitration+5Inaugural Africa Arbitration Day
Event Date: 3rd September 2020
EVENTS Inaugural Africa Arbitration Day Event - Tags Share Links Event - Timings and Location Organised in cooperation with: School of International Arbitration, Queen Mary University of London and Babcock University Sponsored by: Event Details: The British Institute of International and Comparative…
Arbitration+2BIICL scholar calls to address inequalities in investor-state dispute settlement
2nd September 2020
Director of the Investment Treaty Forum Prof Yarik Kryvoi released a study in which he analyses inequalities in international investment law and proposes concrete solutions how to tackle them. This paper puts the system of international investment law into its historical context, examines economic data as well as most recent statements of states on inequalities in international investment law. It examines inequalities between foreign investors and states, between developed and developing…
Arbitration+1Virtual Justice in France, UK & US: Status & Challenges of Remote Hearings & Trials
Event Date: 29th June 2020
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…
Arbitration+6Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes
11th June 2020
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…
Arbitration+2Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes
Event Date: 1st June 2020
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…
Arbitration+3Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution
Yarik Kryvoi | 26th May 2020
The BIICL Investment Treaty Forum in partnership with Withers is delighted to announce the publication of our empirical study on "Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution" With assets under management worth over USD 10 trillion and about 7.8% of all listed equities worldwide under their control, SWFs are among the world's most powerful economic actors. The 20 largest SWFs own 89% of these assets. Despite their significance, the topic of SWFs and dispute…
Arbitration+3Government response to the pandemic: balancing public health and investment protection
Event Date: 7th May 2020
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…
Arbitration+3Empirical Study: Corporate Restructuring and Investment Treaty Protections
Yarik Kryvoi | 23rd March 2020
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…
Arbitration+3BIICL and Baker McKenzie Announce New Study
23rd March 2020
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…
Arbitration+1Empirical Study: Corporate Restructuring and Investment Treaty Protections
23rd March 2020
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…
Arbitration+1Foreign Investment Policy in Asia: Liberalization, Facilitation and Screening
Event Date: 10th March 2020
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…
Arbitration+2The Correspondence of Frederick Alexander Mann (1907–1991)
1st March 2020
F.A. Mann (1907-1991), a German born and educated lawyer, fled racial persecution in 1933, took home in London and became one of the best known solicitors and legal scholars of his generation. The present stock-taking of his voluminous surviving correspondence shows Mann as a prolific networker and provides fascinating insights behind the scenes on how judges and legislators make law, and how legal practitioners and academics shape this development. Mann's testimony as contemporary…
Arbitration+5Arbitration & Asia: Opportunities & Challenges
Event Date: 29th January 2020
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…
ArbitrationCourse: Comparative Business Law
Event Date: 23rd January 2020
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…
Arbitration+2International Commercial Arbitration- The View from the Commonwealth Ecosystem
Event Date: 4th December 2019
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…
ArbitrationEmpirical study: Provisional measures in investor‑state arbitration
29th November 2019
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…
Arbitration+1Short Course: Public International Law in Practice (November 2019)
Event Date: 28th November 2019
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.…
Arbitration+6ITF Meeting: Provisional Measures in Investor-State Arbitration
Event Date: 27th November 2019
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…
ArbitrationEmpirical Study: Provisional measures in investor‑state arbitration
27th November 2019
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…
ArbitrationChallenges of Arbitration in Asia
Event Date: 12th November 2019
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…
ArbitrationBlog: Counterclaims in investor-state disputes: time for the system to change?
8th November 2019
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…
Arbitration+1ITF Meeting: Counterclaims in Investor-State Arbitration
Event Date: 6th November 2019
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…
ArbitrationBlog: Appointment of International Judges and Arbitrators: Perspectives from Different Institutions
26th October 2019
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…
Arbitration+1Appointment of International Judges and Arbitrators: Legality, Legitimacy and the Rule of Law
Event Date: 25th October 2019
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…
Arbitration+1Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?
10th August 2019
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
ArbitrationAssistance to States in Investment Treaty Matters
Last Updated: 17th July 2019
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…
Arbitration+1The Belt & Road Initiative and Global Dispute Resolution London Forum
Event Date: 2nd May 2019
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…
Arbitration17th Annual Review of the Arbitration Act
Event Date: 26th March 2019
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…
ArbitrationITF Meeting: Annulment in International Investment Law
Event Date: 6th February 2019
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…
Arbitration+1The Path of Investor-State Disputes: From Compensation Commissions to Arbitral Institutions
3rd January 2019
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
Arbitration+1ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them
30th November 2018
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…
Arbitration+1Investment Promotion and Protection in the Canada-UK Trade Relationship
Yarik Kryvoi | 18th November 2018
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…
Arbitration+1Blog: ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them
11th November 2018
ICSID Arbitration Reform: Mapping Concerns of Users and How to Address Them Blog featured in the Kluwer Arbitration Blog Read the blog
Arbitration+1Blog: Bribery, Corruption, and Fraud in Investor-State Disputes
10th August 2018
Blog: Bribery, Corruption, and Fraud in Investor-State Disputes: How Should Tribunals Approach Economic Crimes? Blog featured in the Kluwer Arbitration Blog Read More
Arbitration+1Economic Crimes in International Investment Law
1st July 2018
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…
Arbitration+1Blog: Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws
15th November 2017
Arbitration in the CIS Region: from Soviet Roots to Modern Arbitration Laws Blog featuredin the Kluwer Arbitration Blog Read the blog
Arbitration+1Law and Practice of International Arbitration in the CIS Region
24th August 2017
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,…
Arbitration+1International Centre for Settlement of Investment Disputes (ICSID)
12th July 2016
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…
ArbitrationBlog: Enforcement of Settlement Agreements Reached in Arbitration and Mediation
25th November 2015
Enforcement of Settlement Agreements Reached in Arbitration and Mediation, 25 November 2015 Blog featured in the Kluwer Arbitration Blog Read the Blog
Arbitration+1Consent Awards in International Arbitration: From Settlement to Enforcement
20th March 2015
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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