2017 | Julio 17
In this issue, Norton Rose Fulbright features a number of articles on investor-state dispute settlement (ISDS). Lawyers from across this global firm review various developments in this area, including requests for reconsideration in ICSID and UNCITRAL arbitration, whether the doctrine of precedent could or should apply in investment arbitration and the trends in investor-state disputes that can be identified from recent ICSID statistics. NRF also has the pleasure of interviewing Meg Kinnear, Secretary-General of ICSID, to get her thoughts on key developments in ICSID arbitration during her term, challenges facing ISDS and how we might see it evolve over the next 50 years.
In addition, NRF looks at frequently asked questions about ISDS (including common criticisms of ISDS) and discusses alternatives to ISDS such as the EU’s proposed investment court system and investor-state mediation.
The report gives an update on US international trade policy under the new Trump administration, reviews recent reforms to South Africa’s commercial arbitration and investment arbitration regimes, considers whether Brexit might affect the UK’s investment regime, and also looks at the new Russian guidelines for bilateral investment treaties and changes to the dispute settlement mechanisms.
NRF offers a round up of new arbitral rules and discusses recent developments in both the Middle East and England. Plus it offers a brief comparative guide to state immunity in key common law jurisdictions.
The case law updates analyze a landmark Singapore Court of Appeal decision on investment arbitration, key recent English arbitration law developments and offer a Chinese case study of how compromise arbitration agreements might increase risks for parties.