Mixed Arbitration

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The Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement: An Important Step Forward in the Reform Process?

On May 1, 2020, the secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS). States, international organisations and other stakeholders have until October 15 to send comments on the draft. I had the privilege to work extensively on the draft Code as a scholar in residence at ICSID from September 2019 to March 2020, while on Sabbatical leave from my own law school. In this short contribution, I first put the code in the larger context of the ISDS reform process, then explain the main provisions and general content of the draft, and finally provide some comments and ways forward.

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Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law

In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory power. These concerns have not only been expressed in scholarship, but have also been at the forefront of State negotiations in recent multilateral and bilateral trade and investment…

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International Arbitration: Heating Up or Under Pressure?

Dapo recently posted on this blog about the rise of inter-State cases before the PCA and predicted that "the current rise of inter-state arbitration will endure for some time“. Many readers will presumably be quite happy about the trend described: binding dispute resolution, if it happens, tends to make us international lawyers happy after all - so…

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Saar Papier v Poland: Comparative Public Law and the Second-Ever Investment Treaty Award

            Jarrod Hepburn is a Lecturer in Law at the University of Exeter, UK. There has been much discussion in recent years – and in recent weeks on this blog – of the potential for investment treaty arbitration to benefit from a ‘comparative public law’ approach. In brief, the approach conceives of…

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Kevin Heller’s Chevron Subpoena

Kevin tells the story here. Remarkably, the lawyers representing Chevron in its long-standing series of disputes with Ecuador issued a subpoena for information from Kevin’s Gmail account. Their only apparent reason for doing so was Kevin’s commentary on the case at Opinio Juris. Due to the ACLU’s intervention on Kevin’s behalf the subpoena request was…

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