September 9, 2020

The final ruling issued this February from Italy’s highest administrative court (the Council of State) rejecting once for all the expansion of Florence airport’s runaway – and, accordingly, hindering the growth of its passenger flow as well as its revenue – may prepare...

Translated and re-published by The Institute of International Disputes Prevention and Settlement, Beijing Institute of Technology, on 20 Feb. 2020

一、背景

最终要约仲裁(Final Offer Arbitration, FOA)(有时也称为钟摆或棒球仲裁),该仲裁模式起源并发展于1940年代后期的美国,而地位于1970年代得到巩固。FOA主要被用以解决公共部门和棒球联盟的劳资纠纷,因此得名“...

The Democratic Republic of Congo (DRC) is currently negotiating the rescheduling of a 57-million-dollar loan from Taiwan which dates back to the presidency of Mr. Mobutu. Could the DRC assign a potential investment claim against Switzerland to Taiwan to re-pay this 30-...

Published on Wolters Kluwer Arbitration on 6 June 2020

This post examines an illustrative case of a successful diplomatic protection claim under an old Bilateral Convention of Establishment (BCE). These were early precursors to Bilateral Investment Treaties (BITs), whic...

Published on Opinio Juris on 20 May 2020

Tracing back the origins of Bilateral Investment Treaties (BITs) may have a bearing on contemporary arbitral practice. Contrary to common belief, BITs may not originate directly from Friendship, Commerce and Navigation Treaties (...

Published on Wolters Kluwer Arbitration on 15 May 2020

A few days ago, the first-ever treaty-based arbitration against Norway was registered with ICSID. The Request for Arbitration was submitted by a Latvian investor, Mr. Peteris Pildegovics, and his company, SIA North...

Published on Wolters Kluwer Arbitration on 5 April 2020

This post examines the admissibility of investment claim assignments based on the notion of Investor-State arbitration where there is no contractual relationship between the disputing parties. To do so, it draws on...

Published on Wolters Kluwer Arbitration on 27 February 2020

This is a follow-up post that updates on developments in the escalating tensions between Cyprus and Turkey over hydrocarbon explorations in the Mediterranean Sea. In the previous post it was argued that the Ita...

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