International Finance

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
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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
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European Court of Justice Rules Ne Bis in Idem Principle May be Restricted (March 20, 2018)

Author: 
Caitlin Behles

On March 20, 2018, the Grand Chamber of the Court of Justice of the European Union ruled that that the ne bis in idem principle, an individual’s right not be prosecuted or punished twice f

International Law and the Global Forum on Transparency and Exchange of Information for Tax Purposes

The first automatic exchanges of tax information took place in September 2017 and implementation will continue through 2018 based on Common Reporting Standards (CRS) among 102 countries and jurisdictions through the framework of the Global Forum on Transparency and Exchange of Information for Tax Purposes (Forum).[1] The automatic exchange of information (AEOI) allows tax authorities to receive financial account information about their taxpayers from foreign authorities without having to send a specific request.

Topic: 
Volume: 
21
Issue: 
13
Author: 
Yurika Ishii
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Singapore Court Reinstates Award against Laos, Finding Laos-China BIT Extends to Macao (September 29, 2016)

Author: 
Eric A. Heath

On September 29, 2016, the Singapore Court of Appeal ruled in Sanum Investments Limited v.

Hedge Fund Firm Och-Ziff to Pay $412 Million for FCPA Violations Related to Bribery Schemes in DRC and Libya (September 29, 2016)

Author: 
Eric A. Heath

On September 29, 2016, the U.S.

ICISD Tribunal Rules Against Philipp Morris, Finding Uruguay’s Tobacco Control Measures Do not Violate Switzerland-Uruguay Bilateral Investment Treaty (July 8, 2016)

Author: 
Catherina Valenzuela-Bock

On July 8, 2016, an arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) issued an

Dutch Court Overturns $50 Billion Judgment against Russia in Yukos Arbitration (April 20, 2016)

Author: 
Saiena Shafiezadeh

On April 20, 2016, the Hague District Court in the Netherlands overturned a fifty billion do