Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
people

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

15/12/2017

Non-Disputing Parties and Human rights in Investor-State Arbitration, Journal of World Investment & Trade 18 (2017) 1062-1072

This is an archived article, and some links may not work. Contact us if you have any questions.

Tom Leary has had his case comment on the von Pezold v Zimbabwe ICSID arbitration published in the Journal of World Investment & Trade.

The case raised the question of investor-state arbitration’s sensitivity to the human rights of non-disputing parties. The case concerned the escalation of Zimbabwe’s Land Reform Programme, whereby white-owned estates were acquired or rendered valueless, without compensation, in a reversal of historic colonial land policies. Non-disputing parties asserted indigenous rights over the relevant estates as a matter of international human rights law but, adopting a restrictive approach to Rule 37(2)(b) of the ICSID Arbitration Rules, the Tribunal refused to allow them to intervene in the case.

This case provides important insights, and raises vital questions, about how far modern investor-state arbitration should act as a forum for determining issues of international human rights law.

The article is available to view online via Brill Online.


Share