Tiago Duarte-Silva and Richard Acklam were retained by the Slovak Republic in ICSID Case No. ARB/21/51 (Discovery Global LLC v. Slovak Republic) regarding an upstream oil and gas asset at exploration stage. They opined on appropriate valuation methodologies for an asset at that stage of development and damages estimates on an ex-ante and ex-post basis, and they testified at a hearing in February 2024. In the award, the tribunal dismissed the claim brought by Discovery Global.
Looking ahead to 2026: Trends and expectations for International Arbitration
Across both investor-state and commercial cases, quantum debates have recently turned on attribution under concurrent shocks, the interaction of contract terms...