Investment Disputes

Authors: Kshitij Saruparia & Apeksha Kachhawaha* Jurisdictions:   India Bangladesh Italy Topics:  BITs Court Decisions Investment Disputes National Legislation   I. Introduction On 29 May 2026, the Supreme Court of India ordered a state-owned road corporation to pay an arbitral award rendered in August 2014, under a concession agreement terminated in […]

The Supervisory Court as an Organ of the State: MPRDC ...

 in Blog  tagged Bangladesh / BITs / Court Decisions / India / Investment Disputes / Italy / National Legislation by
Author: Utkarsh Trivedi* Jurisdictions: United Kingdom India USA Germany  Topics: Investment Disputes Jurisdiction Nationality   This article examines a recurring challenge in investment arbitration, namely the conditions under which a natural person may invoke treaty protection against a State to which that person is also bound by nationality or economic […]

The Nationality and Substance Thresholds in Investor-State Jurisdiction: Reassessment ...

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Author: Jorge Luis Manrique de Lara Seminario* Jurisdiction: United States Topics: Investment Disputes WTO Tariffs   An important discussion has arisen regarding the choice of applicable law to the arbitration agreement when parties didn’t make an express election of that law. This issue arose from the doctrine of separability, according to […]

What Should Be the Applicable Law to Arbitration Agreements?

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Authors: Manu Sanan*, Jay Malwade** Jurisdiction: India Bangladesh Topics: Investment Disputes International Litigation Treaty Interpretation   In August 2024, a violent uprising in Bangladesh (dubbed the ‘Monsoon Revolution’) led to a political regime change, ending the fifteen-year term of Bangladesh’s previous Prime Minister. Taking stock of Bangladesh’s economy on priority, […]

Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...

 in Blog  tagged International Litigation / Investment Disputes / Treaty Interpretation by
Authors: Gabriel Ortega* Topics: Investment Disputes  Losses of Future Profits Unlawful Expropriation 1. Introduction The entitlement to compensation for losses of future profits in cases of unlawful expropriation, particularly when the investment is a going concern, remains one of the most fascinating yet contentious issues in the Investor-State Dispute Settlement […]

Telling Compensable Damages Apart: Addressing Entitlement to Losses of Future ...

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Authors: Ana Sofia Monteiro Signorelli*, Carolina da Fonte**, Gustavo Favero Vaughn*** Topics: Investment Disputes BITs Corruption Corruption is today one of the greatest challenges facing international commerce and has serious detrimental effects on markets, efficiency, and public welfare.[1] Introduction Corruption has long been recognized as problematic when present in transactions […]

Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...

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Authors: Marilyn Onukwugha & Vanessa Winkler* Jurisdiction: Brazil Nigeria     Topics: Arbitration Rules Arbitral Procedure Recognition and Enforcement of Arbitral Awards Investment Arbitration     INTRODUCTION Brazil-Nigeria relations are marked by centuries of commercial and cultural exchanges. For generations, the two countries have maintained an amicable relationship while promoting […]

The Brazil-Nigeria Samba: From Partners in Business to Parties in ...

 in Blog  tagged Arbitral Procedure / Arbitration Rules / Investment Disputes / Recognition and Enforcement by