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Decoding Arbitral Disputes: Fiscal Liability vs. Int’l Investment by Josep Galvez

In this instalment, Josep examines 𝘼𝙢𝙚𝙘 𝙁𝙤𝙨𝙩𝙚𝙧 𝙒𝙝𝙚𝙚𝙡𝙚𝙧 𝙐𝙎𝘼 𝘾𝙤𝙧𝙥. 𝙫. 𝙍𝙚𝙥𝙪𝙗𝙡𝙞𝙘 𝙤𝙛 𝘾𝙤𝙡𝙤𝙢𝙗𝙞𝙖, an arbitration ICSID case that, much like a Shakespearean drama, oscillates between high principle and procedural technicality.

The tribunal's decision, with all the gravity of a legal inquisition, turned upon the validity of waivers, the definition of protected investments, and the unforgiving rigidity of jurisdictional prerequisites. It is a salutary reminder that, in the world of investment arbitration, fortune does not favour the bold so much as it favours the meticulous. The claimants' failure to observe certain procedural formalities proved to be their Achilles’ heel, much to the benefit of Colombia, whose fiscal liability measures stood firm under international scrutiny.

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