Inside Arbitration: Issue 21
Marking a decade of Inside Arbitration, this edition brings together the themes shaping today’s international arbitration landscape
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05 October 2018
Indian Government launches international research project on the impact of Bilateral Investment Treaties on investment flows from/to the country
India entered into its first bilateral investment treaty (BIT), with the United Kingdom, in 1994, as part of a strategy to attract inbound foreign direct …
18 September 2018
Recent Developments in India-related International Arbitration
Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court …
17 September 2018
Tribunal awards India first BIT case win, dismissing claims of French investor
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS ("LDA"), against India …
15 August 2018
English Court rejects Ukraine's attempt to set aside enforcement order on grounds of state immunity
The English Court (the "Court") has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce …
11 June 2018
Delhi High Court refuses to grant injunction restraining Vodafone's second BIT arbitration against India
In a decision dated 7 May 2018, the Delhi High Court dismissed the Government of India's application to declare Vodafone’s second BIT arbitration …
30 May 2018
The new draft Dutch BIT: what does it mean for investor mailbox companies?
The Netherlands has released a new draft investment treaty for public comment ("Draft BIT"). If adopted, the Draft BIT may raise questions about …
15 May 2018
Progress towards a Multilateral Investment Court? EU-momentum building and divisions in UNCITRAL Working Group III
In the past few years, discontent about Investor-State Dispute Settlement (ISDS, a recognised shorthand for ad hoc arbitration of investor-state …
14 May 2018
Dawood Rawat v Mauritius: Dual-national claim dismissed based on treaty context interpretation
On 6 April 2018, a Tribunal constituted under the UNCITRAL Arbitration Rules rendered an Award on Jurisdiction in the case Dawood Rawat v. The Republic …
11 May 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …
09 May 2018
New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement
New Zealand has recently signed "side letters" to exclude compulsory Investor State Dispute Settlement ("ISDS") with five members of the Comprehensive …
19 April 2018
Update on the future of ISDS: the discussions within UNCITRAL Working Group III – no apparent consensus to date
After a number of years of public debate in a variety of fora, the discussion of the future development of investor-state dispute settlement (ISDS) has …
18 April 2018
EU Council publishes Negotiating Directives for Convention establishing a Multilateral Investment Court: no real surprises but a couple of gaps
On 20 March, 2018 the Council of the European Union published negotiating directives dated 1 March 2018 authorizing the European Commission to negotiate …
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Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong and Korea Group
Andrew Cannon
Partner, Head of International Arbitration, London, Paris, India Group, Nordic Group, Africa Group, Kazakhstan Group, Ukraine Group and Central Asia Group
Dr Patricia Nacimiento
Partner, Germany, Central Asia Group, Kazakhstan Group, Latin America Group and Ukraine Group
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Thierry Tomasi
Partner, Paris, Latin America Group and Africa Group
Christian Leathley
Partner, Head of International Arbitration, US, London, New York and Latin America Group
Craig Tevendale
Partner, Head of Energy, UK, London, Africa Group, Central Asia Group and Kazakhstan Group
Gitta Satryani
Managing Partner, Singapore Office, Singapore