Iraq accedes to ICSID: Signed and Ratified

by Sujoy Sur

Iraq has finally acceded to ICSID, and the sigh of finality is resounding because it is the first globally recognised and followed international arbitration framework to which it has acceded to. The Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) was signed today on behalf of the Republic of Iraq by H.E. Dr. Sami Raouf Al-Araji, Chairman of the National Investment Commission.[1]

ICSID Convention Signing_Iraq.jpg Read More »

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Case Note: Pfizer Xalatan Case & Abuse of Dominant Position

By Matisse Barbaro

Introduction

Intellectual property rights (IPR) consist of inventions and ideas on which the inventors can obtain protection. Accordingly, the inventor or the owner is granted exclusive rights with the aim of obtaining commercial benefits by its invention, and in order to have some protection against the utilization of such invention by other actors.Read More »

The Bits of Bilateral Arbitration Treaties (BATs):: Reflections from Investor-State Dispute Settlement (ISDS)

By Sarthak Malhotra

Mr. Gary Born proposed the idea of a ‘Bilateral Arbitration Treaty’ in his keynote speech on the occasion of the Kiev Arbitration Days titled as “BITs, BATs and Buts”. He proposed that the states could establish a regime whereby the commercial contractual disputes between parties of each state would be submitted to arbitration by default.

Gary Born_Bilateral Arbitration Treaty(BAT)_Criticism_Summary
Courtesy: http://www.legalservice.co.uk

Consent in Investment Arbitration and BITs

Like any other form of arbitration, Investment Arbitration is typically based on the consent of the host state and the investor. However, there are some peculiarities involved which need attention. Read More »

BREAKING: Trans Pacific Partnership (TPP) deal negotiations conclude. Another win for Investment Arbitration.

By Sarthak Malhotra

The negotiations for the Trans Pacific Partnership Agreement (TPP), a mega Free Trade Agreement between Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States, and Vietnam have concluded on 4th October, 2015. Leaders_of_TPP_member_states (Summary and Analysis of TPP Deal) ilsquare.wordpress.comRead More »