Event 23 Oct. 2024
Counsel Mohannad El Murtadi Suleiman to Speak at the 2nd Annual Africa Arbitration Day in New York
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Podcast 14 Oct. 2024
Curtis Law in London
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
News 09 Apr. 2024
Curtis Announces New Partners and Counsels Across Offices in Spring 2024
Client Alert 28 Dec. 2023
U.S. to Impose Secondary Sanctions on Non-U.S. Banks For Financing Russia’s Defense Industry
News 28 Aug. 2024
Curtis Recognized for Excellence in Arbitration in Chambers Latin America Guide 2025
Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
News 08 Oct. 2024
Curtis Boosts London Finance and Corporate Capability with Appointment of Partner Christopher Harrison
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 24 Aug. 2023
Curtis Attorneys Quoted in CoinDesk on FTX Founder Sam Bankman-Fried’s Strategy Ahead of His Criminal Trial
Client Alert 10 Jul. 2024
EU Adopts New Restrictive Measures Against Belarus
Client Alert 26 Jun. 2024
The EU Adopts its 14th Sanctions Package Against Russia
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Daniela Della Rosa to attend first United Nations Fashion and Lifestyle Network Hub
client alert
UK Government Permits Acquisition of Shares by Company Owned by Sanctioned Oligarchs
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
Simon Batifort Speaks on IISD Roundtable on Eco Oro v. Colombia
Simon Batifort Teaches at FIAA International Arbitration Advocacy Workshop
Simon Batifort Lectures at Queen Mary Executive Course on International Investment Law and Arbitration
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