News – Page 2

Empirical Perspectives on Investment Arbitration: what do we know? Does it matter? ISDS Academic Forum Working Group 7 Paper.

01/04/2019

The last decade has witnessed a burgeoning empirical research field on investment treaty arbitration (ITA). Probing its origins, functioning and effects – and even doctrinal questions, scholars have used a range of methods (quantitative, qualitative and computational) to analyze the regime. Such empirical research has been greatly facilitated by the rapid expansion and proliferation in

“Colloquium: International Investment Law and Law of Armed Conflict”.

16/10/2017

Ana Maria Daza Vargas and Daniel Behn presented a paper at the “Colloquium: International Investment Law and Law of Armed Conflict”. This colloquium was chaired by the European Society of International Law – International Economic Law Interest Group on 5 and 6 October 2017 in Athens. Their paper is titled “War and Peace in Libya: Investment treaty

International Investment Law and Water Resources Management: An Appraisal of indirect expropriation

19/12/2016

This is a book authored by Ana Maria Daza-Clark and published in December 2016 by Brill Nijhoff within the series of “International Investment Law”. Mrs. Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the

“Managing Backlash – The Evolving Investment Treaty Arbitrator?” Authored by Malcolm Langford and Daniel Behn and published by the European Journal of International Law.

06/09/2016

Have investment treaty arbitrators responded to the so-called ‘legitimacy crisis’ that has beleaguered the international investment regime in the past decade? There are strong rational choice and discursive-based reasons for thinking that arbitrators would be responsive to the prevailing ‘stakeholder mood.’ However, a competing set of legalistic and attitudinal factors may prevent arbitrators from bending towards the arc of enhanced

“Taxation of Foreign Investments under International Law: Article 21 of the Energy Charter Treaty in Context.” By Uğur Erman Özgür (Energy Charter Secretariat, September 2015)

15/12/2015

Taxation of foreign investments is a key regulatory exercise in every sovereign State. Inasmuch as it is not “designed to effect a dispossession outside the normative constraints and practices of the taxing powers”, the right to tax foreign investments is also a legitimate regulatory exercise. Investment treaty arbitration (ITA) tribunals often examine whether taxation measures

Featured by Chambers & Partners, 2015.

01/06/2015

Splitting his time between the UK and Spain, Albert Badia is known among peers for his ‘good commercial approach’. He specialises in commodities trading issues and arbitration.

Piercing the Veil of State Enterprises in International Arbitration.

20/03/2014

By Albert Badia. Published by Wolters Kluwer in March 2014 (280 pages). This book asks why the corporate veil of State Enterprises is rarely pierced in the practice, and takes a giant step towards establishing the circumstances under which the rules of international law may allow such action. To answer the questions of how far

ICSID Review, 2014.

03/03/2014

The ICSID Review of Nov. 2014 contains a 7-page article of Dr. Michael Feit about Albert Badia’s book “Piercing the Veil of State Enterprises
in International Arbitration”.

The International Comparative Legal Guide to Commodities and Trade Law.

29/03/2010

Contributed by Albert Badia in the Spanish Chapter. Published in English in 2006 by Global Legal Group.