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Hector Tejero Tobed

Biography Héctor is a Research Assistant in Public International Law, and joined BIICL in October 2018. He assists and conducts research on various issues on Public International Law. Prior to joining BIICL, Héctor completed a LL.M in Public International Law at The London School of Economics and Political Science (LSE), and was a Legal Intern at REDRESS, where he focused on the Inter-American system for the protection of human rights. Formerly, he has been involved in cooperation projects…

Business and Human Rights+1

Yarik Kryvoi

Professor Yarik Kryvoi is the Senior 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 Institute…

Arbitration+4

Aleksander Kalisz

Person - Contact DetailsShare Links

Arbitration+1

Julinda Beqiraj

Biography Dr. Julinda Beqiraj is the Maurice Wohl Senior Research Fellow in European Law. She works on a number of projects, including one on the role of the rule of law in the context of the 2030 Sustainable Development Goals, and one on barriers and solutions to access to justice across jurisdictions. She is also involved in the organization of Bingham Centre events on these issues. Julinda also works as an expert consultant for the Council of Europe, Commission on the Efficiency of Justice…

European Law+2

2nd Annual Africa Arbitration Day

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+2

Thirty Sixth ITF Public Conference: Time Limits in International Investment Law (online)

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+1

Thirty Sixth ITF Public Conference Time Limits in International Investment Law (in person)

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+1

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 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 focuses…

Business and Human Rights+9

Short Course: International Trade Law

EVENTS Short Course: International Trade Law Event - Tags Share Links Event - Timings and Location    Course Outline The training course in International Trade Law offers an in-depth dynamic and applied knowledge of the regulatory framework of the multilateral trading system, covering both the institutional and substantive…

Investment and Trade+1

State responsibility: Where are we and where to next?

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+3

ITF Meeting: Sovereign Wealth Funds and International Dispute Resolution (online)

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+1

ITF Meeting: Sovereign Wealth Funds and International Dispute Resolution (in-person)

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+1

BIICL publishes new study on sovereign wealth funds and dispute resolution

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+1

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 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+1

Young ITF

Young ITF Introduction Established in 2021, Young ITF is a learning, discussion and networking forum for young practitioners, postgraduate students, civil servants and academics interested in international investment law. Main aims of Young ITF Young ITF aims to provide young professionals all around the globe with opportunities to develop their careers in international investment law by offering a forum for them to exchange ideas and connect with their peers and other professionals…

Arbitration+1

New empirical study on annulment in investor-State arbitration

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+1

Empirical Study: Annulment in ICSID Arbitration

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+1

Artificial Intelligence (AI), Trade, and the Rule of Law

EVENTS Artificial Intelligence (AI), Trade, and the Rule of Law Event - Tags Share Links Event - Timings and Location    The Asia-Pacific Europe Law Institutes Alliance (APELIA) conference 2021 We have been captivated by Alpha-Go, experiencing driverless cars, considered smart contracts, tempted by crypto currencies,…

AI and Data Worlds+2

Inter-State Complaints in International Human Rights Law

EVENTS Inter-State Complaints in International Human Rights Law Event - Tags Share Links Event - Timings and Location Event Details The possibility to complain about the violation of human rights before a supra-national body is an essential element towards the effective implementation of international human rights law. Beyond…

Business and Human Rights+9

The Asia-Pacific Europe Law Institutes Alliance (APELIA) Conference 2021 Call for Papers

Call for Papers The Asia-Pacific Europe Law Institutes Alliance (APELIA) Conference 2021 Event - Tags Share Links Event - Timings and Location Introduction The Asia-Pacific Europe Law Institutes Alliance (APELIA) was founded by 18 prestigious law schools and legal research institutions cross the Asia-Pacific and Europe in 2019.…

AI and Data Worlds+3

Private or Public Adjudication? Procedure, Substance and Legitimacy

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+1

BIICL publishes new study on costs, damages and duration in investor-state arbitration

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+1

Empirical Study: Costs, Damages and Duration in Investor-State Arbitration

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+1

Virtual Course: International Trade Law

EVENTS Virtual Course: International Trade Law Event - Tags Share Links Event - Timings and Location    Event Details The training course in International Trade Law offers an in-depth dynamic and applied knowledge of the regulatory framework of the multilateral trading system, covering both the institutional and substantive…

Investment and Trade

Non-Retroactivity as a General Principle of Law

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+1

BIICL supports UN Office on Drugs and Crime to set up expert meeting

Inaugural Expert Group Meeting on Corruption and Foreign investments Senior Fellow in International Economic Law and Director of the Investment Treaty Forum Professor Yarik Kryvoi  played a key role in convening the first high-level Expert Group Meeting on Corruption and Foreign investments organised by the UN Office on Drugs and Crime and the UN Conference on Trade and Development on 18-19 May 2021. The event brought together over 140 experts from States, intergovernmental organisations,…

Investment and Trade

ITF Meeting: Damages, Costs and Duration of Investment Treaty Arbitration

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+2

Empirical Study: Costs, Damages and Duration in Investor-State Arbitration

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+1

Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration

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+2

UK and International Experience in the Admission, Regulation and Operation of Arbitral Institutions

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+1

Launch of Empirical Study on Annulment in Investor-State Disputes

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+1

Empirical Study: Annulment in ICSID Arbitration

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+1

Forum on Investor-State Mediation - recordings

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+1

Investor-State Mediation: Trends, Risks and Opportunities

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+1

Emissions Trading: International Law and Dispute Resolution

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+3

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…

Arbitration+3

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…

Arbitration+3

Forum on Investor-State Mediation

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+3

Breathing Space - Guidelines for the resolution of disputes in the 2020 pandemic

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.…

AI and Data Worlds+9

Prof. Yarik Kryvoi delivers presentation at UNCTAD's Virtual IIA Conference 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+1

Emissions Trading: International Law and Dispute Resolution

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+3

The Limits of State Regulatory Powers: 34th ITF Public Conference Summary

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+1

BIICL Statement on Amendments to the UK Internal Market Bill

BIICL welcomes amendments made to the UK Internal Market Bill The British Institute of International and Comparative Law welcomes amendments made to the UK Internal Market Bill on Monday 9 November by the House of Lords that have removed a proposed power for Ministers to legislate "notwithstanding" international law. The proposed power amounted to a repudiatory breach of international obligations under the Withdrawal Agreement, a treaty which the UK freely entered into earlier this year. Compliance…

International Law+2

BIICL Annual WTO Conference

BIICL Annual WTO Conference Share LinksThe prestigious BIICL Annual WTO Conference brings together leading academics and practitioners to explore emerging ideas and the most recent developments in the field of international trade law. The first conference was held in the year 2000 under the leadership of Prof. John Jackson and Sir Francis Jacobs KCMG QC, former British Advocate General at the European Court of Justice. For many years, the conference was scheduled to coincide…

Investment and Trade

Day 2: The 2020 BIICL Annual WTO Conference

EVENTS Day 2: The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by                      Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious WTO…

Investment and Trade

Day 1: The 2020 BIICL Annual WTO Conference

EVENTS Day 1: The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by                         Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious…

Investment and Trade

The 2020 BIICL Annual WTO Conference

EVENTS The 2020 BIICL Annual WTO Conference Event - Tags Share Links Event - Timings and Location Sponsored by           Event Details The British Institute of International and Comparative Law (BIICL) is delighted to announce its prestigious WTO Conference. Established in 2000, the WTO Conference…

Investment and Trade

Thirty Fourth ITF Public Conference: State Regulatory Powers and their Limits

EVENTS Thirty Fourth ITF Public Conference: State Regulatory Powers and their Limits Event - Tags Share Links Event - Timings and Location    Read the conference summary      Event Details This online conference will address limits of state regulatory powers under international law. The speakers will…

Investment and Trade

Inaugural Africa Arbitration Day

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+2

BIICL scholar calls to address inequalities in investor-state dispute settlement

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+1

Three Dimensions of Inequality in International Investment Law

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 states as well as between foreign and domestic investors. It shows that each dimension of inequality has its own raison d'etre and proposes ways to tackle them in the context of today's political…

Investment and Trade

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…

AI and Data Worlds+6

COVID-19, Sino-US Trade War, and International Law Seminar

EVENTS COVID-19, Sino-US Trade War, and International Law Seminar Event - Tags Share Links Event - Timings and Location Organised by the Chinese University of Hong Kong Supported By the British Institute of International and Comparative Law Event Details The Covid-19 health crisis has implicated discussions about the Sino-US…

BIICL Global+2

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…

Arbitration+2

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…

Arbitration+3

Sovereign Wealth Funds: Transnational Regulation and Dispute Resolution

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+1

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…

Arbitration+3

New blog: EU Foreign Direct Investment Screening, Economic Crimes and ISDS

On 30 April 2020, I spoke at a webinar on the interaction between public international law and the EU Investment screening mechanism organised by Maastricht University and the University of Southern Denmark, which was a part of the Common European Law on Investment Screening (CELIS) project. In 2019, the European Union established a framework for the screening of foreign direct investments in Regulation 2019/452. This regulation comes into force the provisions of the Regulation are set to…

Investment and Trade

Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives

WEBINAR Force Majeure and Hardship in Commercial Contracts: Cross-border and Comparative Perspectives Event - Tags Share Links Event - Timings and Location      Event Details The objective of this webinar is to examine the legal consequences of a party's inability to perform a contract due to events outside their…

Comparative Law+4

ISDS FAQ

International Investment Law and Dispute Resolution (Online Course)  Frequently Asked Questions There's no link to pay by card. I do not have a PayPal account, how can I pay? You do not need to have a PayPal account to pay. You can also pay by Visa, MasterCard, Discover, or American Express. Simply click on pay by PayPal button and then click on 'Pay by Debit or Credit Card'. You can pay by Visa, MasterCard, Discover, or American Express. I…

Investment and Trade

New Online Training Course on International Investment Law

Today BIICL begins offering a new online course in international investment law and dispute resolution The course developed by Professor Kryvoi,  Senior Research Fellow in International Economic Law and Director of the Investment Treaty Forum, will enable participants to understand the theory and practice of international investment law and dispute resolution. Participants will develop their own critical appreciation of history and nature of international investment law, the main substantive…

Investment and Trade

Online Course: International Investment Law and Dispute Resolution

International Investment Law and Dispute Resolution (Online Course) International Investment Law and Dispute Resolution (course trailer) Course details  This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state dispute settlement. Total guided learning time: approximately 18 hours. The course is led by Professor Yarik Kryvoi. Professor…

Investment and Trade

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…

Arbitration+1

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…

Arbitration+1

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…

Arbitration+1

New Blog: The Future of the United Kingdom Investment Policy after Brexit

On 25 February 2020, BIICL convened an Investment Treaty Forum event to discuss the investment policy of the United Kingdom following its exit from the European Union. The UK is getting ready to deliver on the ambitious promise to conclude new trade agreements with various countries around the world. Although the European Union rules did not prevent the United Kingdom from concluding its own international investment agreements consistent with EU law, the British government preferred…

Courts and Tribunals+1

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…

Arbitration+2

Corporate Restructuring: Managing Investment Risks through Treaty Protections

EVENTS Corporate Restructuring: Managing Investment Risks through Treaty Protections Event - Tags Share Links Event - Timings and Location Co-organised in conjunction with Event details BIICL, in conjunction with Baker McKenzie, is delighted to present the first comprehensive empirical study on the permissibility of strategic…

Investment and Trade

UK Investment Protection Policy Post-Brexit

EVENTS UK Investment Protection Policy Post-Brexit Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event details Following its official exit from the European Union on 31 January 2020, the UK is gearing up to launch an aggressive trade negotiation strategy with State partners around the…

Investment and Trade

The United Nations Convention against Corruption and International Investment Law

EVENTSed Nations Convention against Corruption and International Investment Law The United Nations Convention against Corruption and International Investment Law Event - Tags Share Links Event - Timings and Location Co-organised in partnership with Event Details With over 180 State parties the United Nations Convention against…

Investment and Trade

New Security Threats and the Future of Economic Globalization

A multi-year project with the Graduate School of International Development of Nagoya University (Japan)  to explore New Security Threats and the Future of Economic Globalization. This inter-disciplinary (law and political science) research project funded by the Japan Society for the Promotion of Science  will explore the increasing tension between economic globalization and security issues. Share LinksProject - Tags It will examine whether the current trade…

AI and Data Worlds+1

BIICL to Explore New Security Threats and the Future of Economic Globalization

Today BIICL announced a new multi-year project with the Graduate School of International Development of Nagoya University (Japan) to explore New Security Threats and the Future of Economic Globalization. The inter-disciplinary (law and political science) research project funded by the Japan Society for the Promotion of Science  will explore the increasing tension between economic globalization and security issues. It will examine whether the current trade and investment liberalisation…

Investment and Trade

Blog: The interaction between investment disputes and human rights due diligence

On 4 December 2019, the newly-established Human Rights Due Diligence Forum of the British Institute of International and Comparative Law convened its first meeting. The topic was the interaction between investment disputes and human rights due diligence. The main focus of the meeting was on the implications of newly adopted or proposed laws on human rights due diligence. Such laws essentially place the responsibility of prevention of human rights violations on multinational enterprises,…

Business and Human Rights+1

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…

Arbitration+1

Short Course: Public International Law in Practice (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+6

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…

Arbitration+1

Blog: Valuation of damages in investment disputes - conference takeaways

On 18 October 2019, we organised a conference on the valuation of damages in international investment law. This topic is far from being theoretical as slight differences in the methodology of calculation of damages can lead to giant differences in sums awarded. For example, in the controversial Tethyan v. Pakistan case earlier this year, Pakistan was ordered to pay nearly US$6 billion as compensation when one of its provinces denied a mining licence. The ICSID tribunal used a "modern…

Investment and Trade

Thirty Third ITF Public Conference: Valuation of Damages in International Investment Law

EVENTS Thirty Third ITF Public Conference: Valuation of Damages in International Investment Law Event - Tags Share Links Event - Timings and Location Lunch sponsored by                                          Media Sponsor Event Details…

Investment and Trade

External Event: The London Conference on International Law

EVENTS External Event: The London Conference on International Law Event - Tags Share Links Event - Timings and Location    Event Details The London Conference on International Law will bring together international law academics, judges, practitioners, representatives of civil society, business-leaders, and other stakeholders to see how States…

International Law+1

Representing Interests of States in International Courts and Tribunals

EVENTS Representing Interests of States in International Courts and Tribunals Event - Tags Share Links Event - Timings and Location       Event Details This joint event of the British Institute of International and Comparative Law and the Belarusian State University will focus on complexities of representing the…

Investment and Trade

ISDS@Singapore Public Conference: Dimensions of Legitimacy in Investor-State Dispute Settlement

EVENTS ISDS@Singapore Public Conference: Dimensions of Legitimacy in Investor-State Dispute Settlement Event - Tags Share Links Event - Timings and Location Event Details The landscape of investor-State dispute settlement is changing. In 2017, the United Nations Commission on International Trade Law conferred a broad mandate on Working Group III to…

Investment and Trade

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…

Arbitration+1

ITF Debate on Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Listen to the audio recording ITF Debate on Regulatory Freedom and Indirect Expropriation in Investment ArbitrationThis ITF meeting will feature a debate of the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving this in practice - considering important issues such as the intent and effects of State actions. It will also include the launch of Dr Aniruddha Rajput's book entitled "Regulatory Freedom and Indirect Expropriation…

Investment and Trade

Thirty Second ITF Public Conference: State Responsibility in Investment Law

Time: 09:00-17:00 (Registration from 08:30) Venue: BMA House, Tavistock Square, Bloomsbury, London WC1H 9JP THIS EVENT IS NOW FULLY BOOKED The event will bring together arbitrators, leading practitioners and academics working in the area of international investment law to discuss issues related to State responsibility, including: circumstances precluding wrongfulness force majeure, distress and necessity fundamental change of circumstances attribution for the conduct of different branches of…

Investment and Trade

ITF Meeting: Renewing the Relationship between Treaties and Customary International Law

Time: 18.00-19.30 (Registration from 17.30) Event followed by a drinks reception Venue: Withers LLP, 20 Old Bailey, London EC4M 7AN    View the photographs of the event Listen to the audio recording  Podcast: Renewing the Relationship between Treaties and Customary International Law    BIICL Investment Treaty Forum in cooperation with Withers is organising a seminar on the relationship between treaties and custom in international investment law. This event will bring together…

Investment and Trade

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…

Arbitration+1

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

Arbitration+1

Trade (Law) in an Age of Trump and Brexit

Time: 17:30-19:00 (Registration from 17:00) Event followed by a drinks reception Venue: British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP This event will analyse the implications of Brexit and the Trump Administration on international trade law. Building on speakers' expertise, the panel will examine questions such as the future UK trade relationship with the EU and third states, the US-China 'trade wars' and the practical implications…

Brexit+1

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…

Arbitration+1

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…

Arbitration+1

ICSID-SIA-BIICL Conference on Proposed Revision of ICSID Rules

Time: 09:15-16:05 (Registration from 08:45) Venue: One Birdcage Walk, Westminster, London, SW1H 9JJ On 13 November 2018, the International Centre for Settlement of Investment Disputes (ICSID), the School of International Arbitration (SIA) of Queen Mary University of London (QMUL) and the British Institute of International and Comparative Law (BIICL) are organising a full-day conference to discuss the proposed revision of ICSID Arbitration Rules. The conference will gather in London representatives…

Investment and Trade

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  

Arbitration+1

Legitimate Expectations in International Investment Law

Time: 17:30-19:00 (Registration from 17:00) Venue: International Energy Charter, Boulevard de la Woluwe B-1200 Brussels, Belgium     Listen to the audio recording   Legitimate Expectations in International Investment Law - podcastOn 8 November 2018, the BIICL Investment Treaty Forum and the Energy Charter Secretariat, are hosting a roundtable in Brussels, to discuss the application of the legitimate expectations concept in international investment law. The rapid proliferation…

Investment and Trade

Thirty First ITF Public Conference: Human Rights in International Investment Law

Time: 09:00-17:00 (Registration from 08:30) Venue: The British Academy, 10-11 Carlton House Terrace, London SW1Y 5AH As international investment tribunals increasingly confront non-investment obligations, academics and practitioners in the field of international investment law find it challenging to understand the legal and ethical responsibilities of foreign investments in the area of human rights. Investment tribunals typically do not include experts on international human rights law. Moreover,…

Investment and Trade

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 

Arbitration+1

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…

Arbitration+1

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 

Arbitration+1

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,…

Arbitration+1

Brexit, China and Other New Challenges to International Trade Law

Time: Venue: Panels: Panel 1: UK-EU Trade Relationship after Brexit Panel 3: From Multilateralism to Bilateralism? New Trends in International Trade Treaty Making Confirmed Speakers: Sir Frank Berman KCMG QC, Essex Court Chambers Prof Ming Du, University of Surrey Dr Markus Gehring, British Institute of International and Comparative Law Lode van den Hende, Herbert Smith Freehills Prof Sir Francis Jacobs, Kings College London Prof Yarik Kryvoi, British Institute of International and…

Investment and Trade

Trade and Investment post Brexit

THIS EVENT IS NOW FULLY BOOKED Time Venue: Professor David Collins, The City Law School, City University London Sir Daniel Bethlehem KCMG QC, 20 Essex Street Iain Maxwell, Herbert Smith Freehills Thomas Sebastian, Monckton Chambers Chair: Iain Maxwell Jiries Saadeh, Fietta Bernhard Maier, DLA Piper This event has been convened by Dr Eva Lein event flyer CPD hours have been applied for eventsregistration@biicl.org events team Carmel Brown Cancellation by us Cancellation…

Investment and Trade

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 

Arbitration+1

International Economic Agreements and the Rule of Law - the case of the Transatlantic Trade and Investment Partnership (TTIP)

THIS EVENT IS NOW FULLY BOOKED Time: Venue: Rule of Law and Accountability in the negotiation of economic agreements - what is the role of parliaments in overseeing TTIP, and what kind of national accountability mechanisms are in place? What redress mechanisms are built-in within these agreements generally, and how do these relate/not to the rule of law? Costs and benefits, winners and losers, and implications for the UK. Panellists Ruth Bergan, Coordinator, The Trade Justice Movement…

Investment and Trade

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…

Arbitration+1

Damages in International Investment Law

Authors: Sergey Pipinsky and Kevin Williams Published: November 2008 ISBN-13: 978-1-905221-24-0 Cover: Hardback Pages: 562 Published:November 2008 Publisher:British Institute of International and Comparative Law ISBN-13:978-1-905221-24-0 Cover:Hardback Pages:562 The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field - the…

Arbitration+1
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