The conflicting interpretations as to the territorial scope of the 1920 Treaty of Paris have sparked some tensions between certain EU Member-States and Norway over the fishing rights to catch snow-crabs in the Svalbard archipelago. This post reports the failed attempts...

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...

Published on Wolters Kluwer Arbitration on 12 January 2020

It is our tentative prediction that a recent ruling from the Regional Administrative Court of Tuscany (TAR), which blocked the project to expand Florence Airport’s runaway – and hence, its passenger flow and cor...

A recent ruling from the Regional Administrative Court of Tuscany (TAR) blocking the project to expend Florence airport’s runaway – and hence its passenger flow and, thus, its revenue – may prepare the ground for investment arbitrations between Argentinian and Emirati...

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