It is observed that most of the disputes under BITs by developing nations are finally referred to international bodies like the ICSID. An arbitral tribunal is expected to execute its duty without any biases, however, often questions are raised with respect to the treatment of developing...

In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...

The recent arbitration of Piero Foresti et al v. Republic of South Africa opened several questions that will no doubt have tremendous implications going forward in the world of international investment. It concerned the rights of investors weighed against the right of a host state to pass...