In recent years Portugal has been enduring a bitter financial and political crisis. The judiciary, time and again depicted as being under pressure, is facing new predicaments. This chapter discusses three points of tension within the Portuguese judiciary: the creation of a new judicial map,...

The award in Charanne and Construction Investments v. Spain is the first decision in a growing cluster of investment arbitrations relating to the enactment of legislative measures reducing or withdrawing economic support mechanisms previously introduced in support of renewable sources of energy....

Over the last decades, international arbitration has become the foremost technique for resolving disputes between states, individuals and corporations. The expansion of the market for international arbitration is evidenced by the multiplication of arbitral institutions around the world. Some of...

Amici curiae are individuals or organisations who do not have the right to participate in the dispute as parties but want to intervene because the outcome of the proceedings may affect their interests. The participation of amici in investor-state arbitration has been justified as a useful tool...

The direct link between economic activity and commercial law is irrefutable. Countries that want to promote economic growth strive to modernise their legal systems. This article discusses the main driving forces for legal reform in Portuguese-speaking African countries. It is argued that...

Blusun S.A. and others v. Italy is one of the latest arbitral awards in a torrent of disputes concerning the modification of incentives in the renewable energy market. The tribunal ruled in favour of Italy, reaffirming the power of host States to change regulations to adapt to new needs and...

China's astonishing economic development over the last decades has produced a momentous impact on the country's environmental equilibrium. Chinese officials are now confronted with the need to tackle environmental problems without disrupting the country's development. The Chinese government...

Over the last decades, investment arbitrators have emerged as a professional class and become an object of study in their own right. This epistemic community is frequently described as small and close-knit. At its centre stands a nucleus of repeat arbitrators whose radiation is particularly...

Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party...