Svea Court of Appeal to annul Spain v. Triodos

As we reflect on 2024, the doctrine of sovereign immunity has faced unprecedented challenges, reshaping the landscape of investment arbitration. This blog post on the #kluwerarbitrationblog delves into pivotal judicial decisions from the US, UK, and Colombia that have sparked debates on the enforceability of investment awards. Read the full post to stay informed and ahead of the curve in the ever-changing world of international arbitration. Many thanks to Maria Fanou for your review and kind feedback. #arbitration #investmentarbitration #soverignimmunity https://lnkd.in/eUefwVuQ

International arbitration Partner Neil Newing and Senior Associate Pietro Grassi examine the Court of Appeal’s recent ruling rejecting claims for immunity from the English courts’ jurisdiction by Spain and Zimbabwe in relation to two separate investment treaty (ICSID) arbitrations, in New Law Journal. In the combined cases of Infrastructure Services Luxembourg Sarl v Spain/ Border Timbers Limited v Zimbabwe [2024] EWCA Civ 1527, the Court of Appeal heard two cases involving challenges by the defendant States to the registration in the English Courts of awards rendered against them in ICSID arbitrations. The challenges were brought on the basis of state immunity, but the Court held that, pursuant to the 1965 Convention on the Settlement of Investment Disputes between States and National of Other States, they had waived their immunity. Read Neil and Pietro's article here: https://lnkd.in/eSiP4yXE

📊 Investor-State Arbitration Awards Skyrocket: New UN Report Reveals Startling Trends A recent UN report highlights a dramatic increase in investor-state arbitration awards over the past two decades. Here are the key takeaways: • Average award amounts have surged tenfold since 2003, reaching approximately $256 million between 2014-2023. • Over 25% of cases favoring investors now result in awards exceeding $100 million. • Older investment treaties, which form the basis for 98% of cases, lack clear compensation guidelines. • The discounted cash flow (DCF) method is increasingly used, even for projects in early stages. • "Litigation waves" can significantly impact governments, as seen in Spain's renewable energy cases. What does this mean for the future of international investment? • UNCTAD emphasizes the need to reform older treaties to mitigate excessive awards. • Countries are advised to implement tailored compensation clauses in future agreements. • Arbitrators may need to consider broader contextual factors when assessing compensation. As the landscape of investor-state disputes evolves, how can we balance investor protection with state sovereignty? Share your thoughts! #InternationalArbitration #InvestmentLaw #UNReport #GlobalTrade

Wondering which arbitration conference to attend in 2025? Save the date for our 15th Investment Treaty Arbitration Conference on 18 September 2025 at the Liechtenstein Palace in Prague, with Gabrielle Kaufmann-Kohler as the keynote speaker. We are also planning the traditional workshop for State Representatives on 19 September 2025. #investmentarbitration #internationalarbitration #arbitration #ect #disputeresolution #internationallaw #ICSID

ARBITRATING WITH STATES/SOES: Our panel at ICC Arbitration #ICCNY2024 focused on Contracting and Arbitrating with States and State-Owned Entities. What are the implications for multinationals, private equity and sovereign interests across key industry sectors? To frame the discussion, I highlighted that too much of the conversation around arbitration and states is stale and not focused on the state of the world and the future. The broad consensus favoring investment arbitration emerged over a quarter of a century ago as part of broad consensus around globalization. Since then, the importance of legal stability and the rule of law remain even as the world navigates issues like recession, climate change, pandemic, geopolitics and changes in globalization. Arbitration involving states is adapting, procedurally and otherwise, as most fields of law do over time. Against that backdrop, we had a vigorous discussion around public and private entity perspectives (with a focus on Brazil), arbitral institutions (ICC Arbitration / International Centre for Settlement of Investment Disputes (ICSID)) and enforcement. Thanks to panelists Amanda Jiménez Pintón, Paula Linhares Karam, Gabriel Costa, Christina Hioureas, Yasmine Lahlou, and to Marek Krasula and Claudia Salomon.

🚀 New Video Alert: International Arbitration (7): Resolving Disputes Under Investment Treaties 🌐 I'm pleased to say that I have published the final video in our new training series, focused on lawyers with little or no experience of international arbitration. In "International Arbitration (7): Resolving Disputes Under Investment Treaties," I delve into the world of foreign investment protection and investment treaty arbitration. I discuss the key features of investment treaty arbitration, how it differs from international commercial arbitration, and provide an overview of investment treaties, the available protections they offer and how investors qualify for protection. 🔗 Access the video here: https://lnkd.in/eb-rGnYS Don't miss out on this opportunity to enhance your understanding of international arbitration. To view our other arbitration videos, including the other parts in this introductory series, go to: https://lnkd.in/eTAFwPVA #InternationalArbitration #InvestmentTreaties #LegalEducation #Lawyers #TraineeLawyers

Download: https://lnkd.in/eKfBgDvE The SCC Arbitration Institute (SCC) has introduced a new policy concerning the Board's decisions on the seat of arbitration in investment cases concerning parties from member states of the European Union (EU). This policy clarifies how the SCC will in line with the SCC Rules navigate the complexities of EU law and recent rulings by the Court of Justice of the European Union (CJEU), to ensure the legal enforceability of awards rendered in intra-EU, or potentially intra-EU investment treaty arbitrations.

Swiss Federal Supreme Court stops EU's «crusade against investment arbitration» – Achmea and Komstroy are not binding for the Federal Supreme Court.   Check out our latest Bulletin for an overview of the recent landmark decision of the Swiss Federal Court on Investment Treaty Arbitration written by Stefanie Pfisterer, Dilber DeVitre and Angela Casey.   https://lnkd.in/eSh-N9jA #HomburgerInsights #internationalarbitration #arbitration #ISDS #swissarbitration #Homburger

Noah A. Barr has provided an overview of the alignment of Member States' treaty practices with the #EU model of international investment protection. 🕰 More than a decade since the EU assumed responsibility for foreign direct investment, a significant overhaul has been initiated to address the criticism of investor-state arbitration and to transition from Member State bilateral investment treaties (#BITs) to an EU-centric model. 📑 Despite the EU's reformed approach not yet being widely enacted, Barr's analysis suggests domestic reforms could pave the way for consistent EU-wide investment protection. The article scrutinises the extent to which recent treaty reforms by Member States reflect the EU's model, highlighting congruence in substantive protections and innovative strides in #disputeresolution and non-economic clauses. Are you interested in the intersection of EU policy and international investment law? Find out more in 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯: 𝘛𝘩𝘦 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘑𝘰𝘶𝘳𝘯𝘢𝘭 𝘰𝘧 𝘈𝘳𝘣𝘪𝘵𝘳𝘢𝘵𝘪𝘰𝘯, 𝘔𝘦𝘥𝘪𝘢𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘋𝘪𝘴𝘱𝘶𝘵𝘦 𝘔𝘢𝘯𝘢𝘨𝘦𝘮𝘦𝘯𝘵! 💡

The US Court of Appeals for the District of Columbia Circuit issued a landmark ruling on 16 August 2024 with significant implications on the jurisdiction of US courts to decide on enforcement actions of intra-EU investment treaty awards against EU Member States. This decision was rendered in the consolidated appeal of the enforcement proceedings of intra-EU awards NextEra v Spain, 9Ren v Spain, and PV Investors v Spain (also known as Blasket).  Find out more about the implications of this decision in this blog piece co-authored by members of Freshfields' international arbitration team in New York and Frankfurt: Noiana Marigo, David Livshiz, Carsten Wendler, Lee Rovinescu, Ruth Montiel, Gregorio Pettazzi and Gonzalo Salazar Lizausaba. Freshfields Bruckhaus Deringer #internationalarbitration #investmentarbitration #disputeresolution #EuropeanUnion #eu