Where Advocacy Meets Business

Analyzing Illegality Defense Trend In Investor-State Arbitration


February 2021 — Cairn Energy v. India, a recent Permanent Court of Arbitration case, highlights the growing trend of states alleging illegal investor conduct to challenge tribunal jurisdiction or investor claim admissibility, say Caline Mouawad (Chaffetz Lindsey) and Jessica Beess und Chrostin (Covington).

Read more about this in an article they wrote for Law360 titled “Analyzing Illegality Defense Trend In Investor-State Arbitration” (subscription might be required).

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