By: Jake Helfant States have historically utilized provisions for Investor-State Dispute Settlement (“ISDS”) to secure foreign investment, ensuring that disputes with foreign enterprises are governed and processed outside of the jurisdiction of sovereign states. Bilateral Investment Treaties (“BITs”) and Free Trade Agreements (“FTAs”) typically include ISDS provisions, mandating arbitration through the International Center for Settlement…
Tag: Investment Arbitration
The New Trend of Waiving Confidentiality in Arbitration Proceedings
By: Adaeze Mgbeahuru; Junior Staffer Confidentiality is an essential part of arbitration and dispute resolution. Parties engage in arbitration and dispute resolution because of the core element of confidentiality. However, in recent times, parties in international commercial and investor-state arbitration proceedings are increasingly waiving confidentiality during and after arbitration. Recently, most institutional arbitration proceedings are…
Will Arbitration Lead to an Increase in Energy Investment in Ecuador?
BY: BENIN LEE; JUNIOR STAFFER In 2022, the International Energy Agency released a statement claiming that the world may in fact be in the middle of its first true “global energy crisis” based on the dwindling supply of major oil producers. The crisis, along with the push toward the expansion of clean sources of energy,…
India-Brazil BIT: A Step in the Right Direction
On January 26, 2020, Brazilian President Jair Bolsonaro was the chief guest during India’s 71st Republic Day Parade. Later that week a strategic partnership was formed between the countries as India signed a bilateral investment treaty (BIT) with Brazil to further develop relations between the two states on both a cultural and commercial level. Recently,…
An Overview of the EU-Singapore Free Trade Agreement
The European Union-Singapore Free Trade Agreement (EUSFTA), a bilaterally beneficial trade agreement, was finally implemented on November 20, 2019, after ten years of negotiations. Talks began in 2009, with the Good and Services negotiations and investment protection negotiations ending in 2012 and 2014, respectively. EUSFTA was signed in October 2018, and approved by the European…
The Arbitration Brief 