International Business Transactions

Third Party Funding in International Investor-State Arbitration

Third-party litigation funding (TPF) is a rapidly expanding industry composed of speculative investors who finance legal claims in exchange for influence over case management and a contingency in the recovery.[1] The potentially high damage awards (recently averaging $500 million per dispute) characteristic of investor-state arbitration (ISDS) under the bilateral investment treaty (BIT) regime[2] have made it a new and highly attractive market for TPF.

Topic: 
Volume: 
22
Issue: 
16
Author: 
Frank J. Garcia and Kirrin Hough
Image: 

Slovak Republic v. Achmea BV: The Death Knell for Intra-EU BITs?

On March 6, 2018, the Court of Justice of the European Union (CJEU) issued its judgment in Slovak Republic v. Achmea BV,[1] concluding that the Treaty on the Functioning of the European Union (TFEU)[2] precluded a provision in a bilateral investment treaty (BIT) between two member states of the Europe Union (EU) authorizing investor-state arbitration.

Topic: 
Volume: 
22
Issue: 
8
Author: 
John I. Blanck
Image: 

African Leaders Create Continental Free Trade Area (March 21, 2018)

Author: 
Caitlin Behles

On March 21, 2018, the Assembly of the African Union passed a decision at its Tent

WTO Appellate Body Upholds Ruling Allowing EU Anti-Dumping Duties against Indonesia Fatty Alcohols (September 5, 2017)

Author: 
Caitlin Behles

On September 5, 2017, the World Trade Organization (WTO) appellate body issued its report on “European Union

European Commission Fines Google €2.42 Billion for Breaching Antitrust Rules (June 27, 2017)

Author: 
Caitlin Behles

On June 27, 2017, the European Commission fined Google €2.42 billion for breaching EU antitrust rules. According to the

European Court of Justice Rules EU Cannot Conclude Free Trade Agreement with Singapore Alone (May 16, 2017)

Author: 
Caitlin Behles

On May 16, 2017, the Court of Justice of the European Union