This week, representatives of the European Commission and the US Government met in New York for the ninth round of negotiations over the proposed trade and investment agreement between the European Union and the United States [http://trade.ec.europa.eu/doclib/events/index.cfm?id=1287]. The agreement will be known as the TTIP. If adopted, it will impact the economies and lives on… Continue Reading
I have been bothered with this question for some time. Poland is not a party to the Washington Convention, and I do not mean the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973, but the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other… Continue Reading
The Republic of Poland has won a BIT (Bilateral Investment Treaty) dispute with American investors. The dispute referred to the disreputable Plasma Fractionation Laboratory (in Polish: “LFO”), the scandal that took place at the end of the last decade. The judgment is available online at: http://www.italaw.com/sites/default/files/case-documents/italaw3192.pdf. Winning in good style, all claims were dismissed, and… Continue Reading
From 1st to 19th July 2013, the French capital hosted key individuals from the world of international arbitration – the leading representatives of science, arbitrators and other practitioners whose names are associated with landmark arbitration cases and awards. They took part in the International Academy for Arbitration Law program.
The United Nations Commission on International Trade Law (UNCITRAL) has adopted new rules for transparency in treaty-based investor-state arbitrations. The Rules, adopted on 11 July, will come into force on 1 April 2014.
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
Some 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
The 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 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 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
I 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