Event 23 Aug. 2023
Partner Borzu Sabahi Speaks at the 52nd IDRI Professional Accreditation & Membership Programme
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Event 14 Oct. 2022
Curtis Provides Capacity Training to the Government of Uganda
Event 18 Aug. 2023
Partner Borzu Sabahi Speaks at FDI Moot Shenzhen
News 25 Jul. 2023
Partner Eric Gilioli Ranked in Top 10 Influential Energy & Natural Resources Lawyers in Kazakhstan in Business Today
Article 22 Aug. 2023
Fuad Zarbiyev Publishes Article in Journal of International Economic Law
Client Alert 14 Aug. 2023
The EU’s Market in Crypto Assets (MiCA) Regulation: The Highlights
Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
Event 11 Jul. 2023
Partner Elisa Botero Speaks on the Role of the ICC in Investment Disputes
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 31 Jul. 2023
Curtis Welcomes Senior Saudi Advisor, Dr. Majed Alotaibi, to its Riyadh Office
News 24 Aug. 2023
Curtis Attorneys Quoted in CoinDesk on FTX Founder Sam Bankman-Fried’s Strategy Ahead of His Criminal Trial
News 06 Mar. 2023
Russia Sanctions at the First Anniversary: An Overview of Current Sanctions in the US, UK, and EU and How Global Companies Can Navigate Evolving and Conflicting Sanctions Regimes
Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
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
+32 2 313 37 31
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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