Prof. S.I. Strong recently published two new case comments in European journals.
The first, “Heir of Abaclat? Mass and Multiparty Proceedings: Ambiente Ufficio S.p.A. v. Argentine Republic,” 29 ICSID Review-Foreign Investment Law Journal 149 (2014), discusses an arbitral award allowing 90 claimants to proceed simultaneously in an investment arbitration. The award is the first to cite the ground-breaking decision in Abaclat v. Argentine Republic permitting 60,000 investors to assert their claims in a single investment proceeding.
Prof. Strong’s second publication, “Anti-Arbitration Injunctions in Cases Involving Investor-State Arbitration: British Caribbean Bank Ltd. v. The Government of Belize,” 15 Journal of World Investment Law and Trade 324 (2014), discusses a recent decision by the Caribbean Court of Justice not to enjoin a pending investment arbitration. The case has been closely watched as the international community debates whether and to what extent courts can enjoin treaty-based arbitrations.