International Arbitration & Dispute Resolution Blog

58 total results. Page 1 of 3.

Riyaz Dattu*, Lee M. Caplan, Ucheora Onwuamaegbu*, Denny Peixoto, Maya S. Cohen, Jodi Tai

On October 25, the International Centre for Settlement of Investment Disputes (ICSID) released its 2024 Annual Report, which highlights significant trends and statistics in ICSID’s cases during the fiscal year ending on June 30, 2024 (FY2024). ICSID administered 341 cases in that period (which was just five short of 346 cases in FY2022), marking the second-highest caseload in its history — a testament to its pivotal role in global investment dispute resolution.

Lee M. Caplan, Ucheora Onwuamaegbu*, Riyaz Dattu*, Maya S. Cohen, Jodi Tai

On June 17, the International Centre for Settlement of Investment Disputes (ICSID or the Centre) published a report on the trends in enforcement and compliance of the awards rendered by arbitration tribunals constituted under the ICSID Convention.

Ucheora Onwuamaegbu*, Lee M. Caplan, Riyaz Dattu*, Maya S. Cohen, Jodi Tai

The International Centre for Settlement of Investment Disputes (ICSID or the Centre) announced on August 8, that it had registered its 1,000th case under the ICSID Convention and the Additional Facility.

Lee M. Caplan, Ucheora Onwuamaegbu*, Jodi Tai

Artificial intelligence (AI) is an emerging technology with the potential to effect profound changes in all areas of society, including dispute resolution.

Lee M. Caplan, Jodi Tai

When negotiating a transaction or vendor agreement, or adopting website terms of service or privacy policies, the choices made in dispute resolution provisions can significantly impact outcomes and costs in the event of a dispute.

Aaron H. Jacoby, David P. McHugh, Evgeny Magidenko, Tiffany O. Yadegar

The Corporate Transparency Act will now require certain entities to register with FinCEN.

Lee M. Caplan, Maya S. Cohen

On July 25, 2023, the United Nations Commission on International Trade (UNCITRAL) concluded its 56th session in Vienna, Austria.

Hunter T. Carter, Brian Farkas

In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court.

Riyaz Dattu*, Maya S. Cohen

The President of Mexico, Andres Manuel López Obrador (AMLO), from the outset of his six-year term, made it abundantly clear that his government will exercise greater control and intrusive state supervision over mining activities in Mexico.

Lee M. Caplan, Jodi Tai

On January 20, 2023, the Hong Kong International Arbitration Centre (HKIAC) released its statistics for 2022.

Riyaz Dattu*, Lee M. Caplan, Ucheora Onwuamaegbu*, Maya S. Cohen, Maxime Jeanpierre*

The entitlement to bring claims for breaches of the investment standards and protections contained in Section A of Chapter 11 of the North American Free Trade Agreement will soon end. 

Riyaz Dattu*, Lee M. Caplan, Ucheora Onwuamaegbu*, Maya S. Cohen, Maxime Jeanpierre*

On January 30, 2023, the International Centre for Settlement of Investment Disputes (ICSID) published its Caseload Statistics for the 2022 calendar year.

Lee M. Caplan, Maya S. Cohen, Derek Ha

On November 18, 2022, Luxembourg became the seventh country to announce plans to withdraw from the Energy Charter Treaty (ECT), following in the footsteps of Poland, Spain, the Netherlands, France, Slovenia, and Germany.

Lee M. Caplan, Jodi Tai

On November 18, 2022, the European Commission announced the conclusion of negotiations between the European Union (EU) and the Republic of Angola on a Sustainable Investment Facilitation Agreement (SIFA). 

Lee M. Caplan, Ucheora Onwuamaegbu*, Maya S. Cohen, Maxime Jeanpierre*

On October 14th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published its Annual Report for Fiscal Year (FY) 2022 covering the period from 1 July 2021 to 30 June 2022, including statistics on cases administered by the Centre during that period. 

Lee M. Caplan, Maxime Jeanpierre*, Maya S. Cohen

On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded lawsuits

Lee M. Caplan, Hunter T. Carter, Brian Farkas, Derek Ha

Parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question has been whether §1782 extends to private international commercial arbitration.

Ucheora Onwuamaegbu*, Lee M. Caplan

On March 21, the Member States of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) approved extensive amendments to the Centre’s rules and regulations that will go into effect on July 1, 2022.

Lee M. Caplan, Riyaz Dattu*, Gerard Leval, Maxime Jeanpierre*

On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges posed by a second year of the coronavirus pandemic. 

Gerard Leval, Maxime Jeanpierre*

Last week, members of the European Parliament debated newly imposed Chinese sanctions as tensions between the two powers continue to escalate.

Lee M. Caplan

On January 29, 2021, the EU and Canada adopted four important decisions to ready the novel Investment Court System (ICS) for disputes arising under the EU-Canada Comprehensive Economic and Trade Agreement (CETA).

Lee M. Caplan, Ucheora Onwuamaegbu*

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics.

On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA.

Lee M. Caplan

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782 (No. 19-781) (“Hanwei’), confirming that discovery under 28 U.S.C. §1782 is

Malcolm S. McNeil

On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate.