News 24 Jun. 2021
Curtis successfully defends foreign states' procedural privileges in the UK Supreme Court
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News 23 Jun. 2021
Ibrahim Elsadig joins Curtis as Partner in Dubai
Client Alert 24 Feb. 2022
EU, UK, Japan and Australia Impose Sanctions on Russia
News 09 Aug. 2021
Curtis, Mallet-Prevost, Colt & Mosle enters into association with Chevalier Law in Singapore.
News 06 May. 2022
Curtis Advises Terna Group on the Sale of its Latin America Power Transmission Assets to CDPQ
Publications 05 May. 2022
Marie-Claire Argac, Simon Batifort, and Cyprien Mathié share highlights from “Affaires d’Etats: Practical Considerations When Defending States in International Arbitration” on Kluwer Arbitration Blog
Event 26 Apr. 2022
Claudia Frutos-Peterson Speaks at CAI Costa Rica’s 13th Congress of International Arbitration
News 21 Apr. 2022
SCOTUS Upholds U.S. Colonialism under the U.S. Constitution
Client Alert 23 Mar. 2022
The Dubai International Arbitration Centre (DIAC) has launched the DIAC Arbitration Rules 2022
Event 22 Nov. 2021
Partner Antonia Birt spoke at ADGMAC and AIAC Webinar Series: Webinar 5 - Disputes in Fintech and Complex Technology in MESEA
News 19 May. 2022
Eliot Lauer’s and Juan Perla’s Tenth Circuit Arguments Featured on Audio Arguendo Podcast
News 16 May. 2022
Curtis Files SCOTUS Amicus Brief for Ohio Justice & Policy Center in Prisoners’ Rights Case
Client Alert 21 Apr. 2022
New Laws Targeting Assets of Russian Oligarchs: The U.S. Announces Task Force KleptoCapture and the Kleptocracy Asset Recovery Rewards Program
Client Alert 19 Apr. 2022
U.S. President Biden Expands Export Controls Imposed on Russia and Belarus
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
News 09 Nov. 2021
Law360 quoted Partner Simon Batifort in an article published on November 4, entitled, “Critics Take Aim at ‘Dead Wrong’ Decision in Colombia Case.” The article focuses on the ICSID tribunal’s September ruling in favor of Eco Oro Minerals Corp. in its international arbitration case against Colombia.
In the article, Mr. Batifort said, “The treaty at issue in Eco Oro was not one of the old-generation bilateral investment treaties that’s just a few pages long and has a lot of areas of ambiguity and silence on key issues…The treaty between Colombia and Canada, that’s a comprehensive free trade agreement with a lengthy investment chapter that contains many limitations that you don’t find in traditional old-generation [bilateral investment treaties].”
“We’ve been telling our clients, ‘Be careful with these treaties. There’s a tendency for arbitrators to interpret them expansively,’ and then you still have negotiators who include [investor-state dispute settlement] in their treaties”… With the Eco Oro case, “we see that even with an express exception, where the tribunal did not dispute that the measures fell within it, they found a way to get around it. It vindicates what we've been saying about the dangers of this mechanism.”
“In a way,” Batifort added, the decision “sends the wrong message to states that have had enough with expansive interpretations of investment treaties. It’s telling them that no matter how clear they make their intention in the treaty, there’s always a risk that tribunals will find a way to render a decision that circumvents that intention and that’s favorable to the claimant.”
International Arbitration
Sovereign Representation
Simon Batifort
Partner
Brussels
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New York
+1 212 696 6000
Paris
+33 1 42 68 72 00
Event 26 Oct. 2021
Simon Batifort Speaks on IISD Roundtable on Eco Oro v. Colombia
Event 05 Nov. 2021
Simon Batifort Teaches at FIAA International Arbitration Advocacy Workshop
Event 11 Nov. 2021
Simon Batifort Lectures at Queen Mary Executive Course on International Investment Law and Arbitration
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