This year’s winter, which seems to be without end in Poland, inevitably brings tropical connotations to mind. There are a lucky few who can fly away on such snowy days to distant and agreeable regions, for example the coast of the Indian Ocean. Others are left with nothing but their imagination. Imagining for example the… Continue Reading
Category Archives: Investment Arbitration
Subscribe to Investment Arbitration RSS FeedBIVAK for anyone interested in BIT arbitration
Posted in Investment ArbitrationSome time ago, a decision of October 9, 2012, regarding Bureau Veritas, Inspection, Valuation, Assessment and Control (BIVAC) versus Uruguay (ICSID Case No ARB/07/09) has become public. I think this is compulsory reading for anybody dealing with investment arbitration. This is the second decision regarding jurisdiction in this matter, which became a basis for the… Continue Reading
Mediation in BIT cases? New IBA rules
Posted in Investment ArbitrationThe number of investment cases has been rapidly growing since late 1990s. Whilst in 1997 there were only 19 cases brought by foreign investors against states, by 2007 there were already 250 cases and at the end of 2011 – as many as 450.
The world map of investment arbitration in ICSID statistics
Posted in Arbitration, Investment ArbitrationThe number of new cases registered in the International Center for Settlement of Investment Disputes is at the highest level in 40 years. The protracted international financial crisis, controversial political and economic decisions of some governments, extensive consequences of the Arab Spring, the risk that Greece and some other states may go “bankrupt” and generally… Continue Reading
A Slovak case. Lost in transition.
Posted in Investment ArbitrationA few weeks ago, the award in Oostergetel v. Slovakia case was published. The dispute arose from the privatization of a Slovak plant in the early 1990s. The company was indebted, yet it had real operations, a long tradition and development potential. The company went down just a few years after its acquisition by… Continue Reading
Resolving and avoiding construction disputes – ‘constructively’
Posted in Arbitration, Investment ArbitrationI am one of tens or perhaps even hundreds of thousands Poles whose professional lives are strictly related to the fact that Poland has earned the fame of being the largest “construction site in Europe”. As an attorney it is my bread and butter to work with construction firms as their legal advisor and counsel…. Continue Reading