Author: Diana Kanyuithia
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Case File 02 | Biwater Gauff v Tanzania
Public Regulation, Fair and Equitable Treatment and the Cost of Expropriation Claims The Dispute: Biwater Gauff v Tanzania arose from a private-sector water and sanitation project in Dar es Salaam. Biwater Gauff entered into arrangements concerning the operation and management of water infrastructure, but the project subsequently deteriorated into a major dispute between the investor…
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How Treaty Power Structures State Authority
Investment treaties do not merely regulate economic activity; they structure political and economic power. Through cases such as Bear Creek v Peru, Cortec v Kenya, and Nachingwea v Tanzania, this analysis examines how arbitral interpretation shapes regulatory space, investor expectations, and the architecture of state autonomy.
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Investment Screening in Kenya, Uganda and Tanzania: Who Gets to Enter?
Investment admission is never merely an Economic Decision. It is an exercise of regulatory power When a foreign investor decides to enter an African market, the question is often presented as a straightforward one: Is the investment permitted? The legal reality is considerably more complicated. Investment admission sits at the intersection of economic policy, company…
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Arbitration Process from Dispute to Enforcement
A step-by-step guide to how an international arbitration moves from the emergence of a dispute to the recognition and enforcement of an arbitral award. International arbitration is not a single hearing but a sequence of procedural stages. From the existence of consent to arbitration, through constitution of the tribunal and presentation of evidence, to the…
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Case File 01 | Cortec Mining v Kenya
When Domestic Compliance Becomes a Jurisdictional Gatekeeper The Dispute: Cortec Mining v Kenya arose from the attempted development of a rare-earth and niobium mining project at Mrima Hill on the Kenyan coast. The claimants held a Special Prospecting Licence and subsequently obtained Special Mining Licence 351, which permitted exploitation of the project. Kenya later suspended…
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Community Participation and the Politics of Inclusion
Once participation has legitimised the project, conflict migrates. Resistance is recast as breach. Community harm becomes investor loss. The village disappears; the tribunal takes its place. In investment arbitration, the dispute is no longer about displacement, contamination, or consent. It is about expropriation, fair and equitable treatment, and legitimate expectations. Communities rarely have standing. Their…
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Commercial Arbitration vs Investment Arbitration
Investment v Commercial Arbitration: Same arbitral machinery: different legal relationship and stakes. At first glance, investment arbitration under mechanisms like Investor-State Dispute Settlement (ISDS) under ICSID or UNCITRAL may look very similar to ordinary commercial arbitration. Both can involve an independent arbitral tribunal, written submissions, hearings, evidence, procedural orders and an award. Both are forms…
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Navigating International Arbitration: 60 Essential Terms and Concept
A practical guide to navigating international arbitration Navigating International arbitration requires an understanding of its own procedural and legal vocabulary. Terms such as seat, lex arbitri, lex causae, jurisdiction, award and interim measures can appear repeatedly in arbitration proceedings, yet they do not always mean what their ordinary-language equivalents suggest. This glossary explains some of…
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10 Core Rules & Concepts In Investment Protection.
Investor‑state protections in treaties and contracts safeguard cross-border investments and manage risks. Key standards like FET, MFN, National Treatment, Umbrella Clauses, and Legitimate Expectations ensure fairness and predictability. Mechanisms such as Indirect Expropriation, Stabilisation Clauses, Police Powers Doctrine, and Denial of Justice balance investor rights with the state’s regulatory authority. Understanding these principles helps policymakers,…
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Investment Law Glossary: 45 Important Terms and Definitions
International investment law operates through a complex architecture of treaty standards, arbitral doctrines, and governance principles that shape how states regulate public interests and how investors claim protection. Core concepts such as Fair and Equitable Treatment, indirect expropriation, regulatory space, and sustainable development are not merely technical; they define the limits of state authority, risk…
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When Harm Becomes a Dispute
Investment-related harm begins in lived experiences, loss of land, water contamination, and displacement, not in legal disputes. Yet when these harms enter formal dispute resolution, they are narrowed, relocated, and filtered through the interests of investors and states, leaving affected communities excluded and instability unresolved. These insights examine how law transforms social conflict into legal…