Header graphic for print
ARBlog International Arbitration News, Trends and Cases

Tag Archives: International arbitration

Arbitration: a new forum for business and human rights disputes?

This blog post was first published on the Practical Law Arbitration Blog. On 27-29 November 2017, the United Nations Forum on Business and Human Rights will convene in Geneva. Its central theme: Access to Effective Remedy. In line with this shifting focus by the international community on the third pillar of the UN Guiding Principles on Business and Human Rights (UNGPs), a working group of international law specialists published a proposal to use arbitration to resolve disputes that arise out of human rights abuses involving businesses (BHR disputes). The proposal for the

Indonesia terminates its Bilateral Investment Treaty (BIT) with the Netherlands from 1 July 2015 and may terminate all of its BITs

Indonesia has decided to terminate its Bilateral Investment Treaty (BIT) with the Netherlands, pursuant to a statement issued by the Dutch Embassy in Jakarta on 21 March 2014.  The termination will be effective from 1 July 2015.  However, because of a “sunset” provision in the BIT, its protections will extend for existing investments of investors until 1 July 2030. Indonesian Vice President Boediono confirmed Indonesia’s decision at a summit in The Hague on 23 March 2014.  He pledged that “Indonesia will create a new bilateral investment agreement that will be

U.S. Supreme Court decides first case related to international investment treaty arbitration

The United States Supreme Court (the “Court”), on 5 March 2014, issued its first decision in the area of international investment treaty arbitration. The Court, by a 7-2 majority, decided BG Group PLC. v. The Republic of Argentina in favor of BG Group. The Court effectively elected not to second-guess procedural rulings made by investment treaty tribunals. The Court reversed the U.S. Court of Appeals for the D.C. Circuit’s ruling that an UNCITRAL tribunal lacked the authority to decide a US$185 million dispute, and instead upheld the tribunal’s award in