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Since your first appointment as Director of AIAC (then Kuala Lumpur Regional Centre for Arbitration) in 2010, the institution has grown to become one of the most influential arbitration institutions in Asia. Can you please tell us about one particular position or experience that you held and how it influenced your career?
The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). The first one is a non-profit private entity, while the second is a standalone governmental body.
When he asked a second time in 2010, I said yes and took over writing the case every year from the 21st Vis Moot onwards. Typical examples are contracts in a supply chain where the determination that the goods delivered to the final customer are non-conforming may influence the dispute between the seller and its supplier.
Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.
It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).
Since 2010, over 60 investment arbitrations related to changes in renewable energy incentives have resulted in claims totalling around 10 billion. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.
In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Hence, a continuity of binding obligations could only be established with respect to the treaty prior to its modernization.
Background The EcuadorTLC II arbitration arose from a contractual dispute between Ecuador and an oil consortium, including EcuadorTLC, over the early termination of a Production Sharing Agreement (“PSA”) in 2010. The blogpost was written during a Research Foundation – Flanders fellowship (FWO.3E0.2022.0079.01)
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