Investor-State Arbitration

Immunity or Not? The English Court of Appeal Decides

In the United Kingdom, § 2 of the State Immunity Act 1978 (SIA) provides an exception to State immunity if a State has “submitted” to the jurisdiction of UK domestic courts. In a 2024 decision, the English Court of Appeal considered whether, under § 2 of the SIA, a State’s adoption of the Convention on the Settlement…

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Does the New York Convention Apply to Investor-State Awards?

On August 9, 2024, in Zhongshan Fucheng Industrial Investment Co. v. Federal Republic of Nigeria, the D.C. Circuit held that Nigeria was not immune from suit to enforce an arbitral award for a Chinese investor under a bilateral investment treaty. The U.S. Foreign Sovereign Immunities Act (FSIA) has an exception to state immunity for actions…

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Court Holds that Chinese Investor May Try to Enforce Arbitral Award Against Nigeria

Over the past two decades, China has invested heavily in Africa. A recent study found that between 2001 and 2018, China invested $41 billion in African countries and loaned an additional $126 billion. Some of these investments generated disputes, and some of those disputes are finding their way to U.S. courts. In a recent decision,…

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Lower Court Grapples with Supreme Court Ruling on Section 1782 and Investor-State Arbitration

Back in June 2022, the U.S. Supreme Court resolved a circuit split on the applicability of Section 1782’s discovery tools for private commercial arbitration, and simultaneously addressed a related issue of Section 1782’s use in investor-state arbitration. The investor-state issue came to the Court in the case of AlixPartners LLP v. The Fund for Protection…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robin Effron

Brooklyn Law School
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Scott Dodson

UC Law – San Francisco
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Aaron D. Simowitz

Willamette University College of Law
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul MacMahon

LSE Law School
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Satjit Singh Chhabra

Khaitan and Co
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Keshav Somani

Khaitan and Co.
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Kartikey Mahajan

Khaitan and Co.
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Paul B. Stephan

University of Virginia School of Law
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Caroline Spencer

Vanderbilt Law School
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