Fork-in-the-Road

Ivory Coast’s New Investment Code: Focus on issues related to sustainable development and dispute settlement

Ivory Coast adopted a new investment code on August 1, 2018.[1] This new law[2] features a variety of innovations ranging from the revitalization of the institutional framework to the reconfiguration of tax rules to new obligations on investors.

ITN  |  October 18, 2018

SGS v. Pakistan

SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, ICSID Case No. ARB/01/13 (Decision on Objections to Jurisdiction) (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. Read more here.) Decision available at https://www.italaw.com/cases/1009 Keywords Contractual forum selection clause, definition of “investment,” “fork-in-the-road” clause, […]

ITN  |  September 2, 2009

Commentary: Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses

By Fiona Marshall 2 September 2009 The recent decision in Pantechniki v. Albania that the investor’s claim was partially barred because of its earlier court proceedings appears to be the only award in the public domain in which a tribunal has held a fork-in-the-road clause to have been triggered by an investor’s prior court proceedings. […]

ITN  |  August 28, 2009

Pantechniki S.A. Contractors & Engineers v. The Republic of Albania: Fork-in-the-road provision partially bars claim by Greek investor

By Damon Vis-Dunbar 2 September 2009 A Greek company’s decision to litigate in Albania’s domestic courts has prevented it from arbitrating a similar claim under the Albania-Greece bilateral investment treaty. The Claimant, Pantechniki S.A. Contractors & Engineers, sought to recoup losses sustained during the wide-spread civil strife that shook Albania in 1997 when some two-thirds […]