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UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…

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Space Arbitration: Could Investor-State Dispute Settlement Help Mitigate the Creation of Space Debris?

In recent years, activities in outer space have increased and diversified, thereby causing a multiplication of objects being launched into outer space. This has rendered outer space increasingly…

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UNCITRAL and ISDS Reform (Online): Crossing the Chasm

To text or not to text? That is the question. Or, rather, that was the question at UNCITRAL when Working Group III resumed its deliberations online last week.

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UNCITRAL and ISDS Reform (Online): Can You Hear Me Now?

‘Can you hear me now?’ is a question that the delegates of Working Group III asked each other often last week, as negotiations on ISDS reform continued but…

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How to circumvent EU’s procedural obstacles to secure EU’s fishing rights in Svalbard

Name(required) Email(required) Website Message Submit Δdocument.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); The conflicting interpretations as to the territorial scope of the 1920…

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Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention: the U.S. Supreme Court Weighs In

On June 1st, 2020, the United States Supreme Court (“the Court”) issued a unanimous decision in G.E. Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC,…

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Killing all birds with one stone: Is this the end of Intra-EU BITs (as we know them)

On 5 May 2020, 23 EU Member States, except for Austria, Ireland, Finland, and Sweden, signed the Agreement for the Termination of Bilateral Investment Treaties between the…

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Adamakopoulos and Others v. Cyprus: Mass Claims Between No Longer and Not Yet

Introduction Unlike previous decisions dealing with mass claims in investment treaty arbitration, the Decision on Jurisdiction and Admissibility of 7 February…

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A New Hope for the Yukos Shareholders – PCA Awards Revived by the Hague Court of Appeal

Four years ago, the Hague district court gave an unexpected twist to the dispute between Russia and shareholders of the former oil company Yukos, setting aside the 50…

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UNCITRAL and ISDS Reforms: What Makes Something Fly?

  When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first…

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