Charles N. Brower - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Charles N. Brower
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Analysis: In recently-surfaced rectification decision, Lone Star v. South Korea tribunal finds that the claimants’ response to the state’s request amounts to a new – and untimely – rectification application; damages are reduced by 500,000 USD
May 30, 2023 -
ICSID tribunal issues rectification decision in Lone Star v. South Korea arbitration
May 09, 2023 -
Looking Back: ICSID tribunal in Azpetrol v. Azerbaijan decided that e-mail exchange qualified as binding settlement agreement, and dismissed the case after finding that there was no dispute left to be resolved
Mar 06, 2023 -
ICSID tribunal issues split ruling in construction dispute with the United Arab Emirates
Dec 28, 2022 -
Analysis: Tribunal majority in Lone Star v. Korea decides that financial regulator acted in its own self-interest by covertly lowering the investor’s exit payment; dissenter doubts this finding on the facts, and sees no wrongful conduct or causality
Oct 10, 2022 -
Award surfaces in high stakes Lone Star v. Korea arbitration
Sep 29, 2022 -
Breaking: South Korea is found liable for treaty breach in Lone Star banking dispute
Aug 31, 2022 -
Tribunal majority dismisses treaty claim against Kuwait
Aug 15, 2022 -
Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties
Nov 11, 2021 -
[Updated] Vattenfall asks for discontinuance of ICSID arbitration against Germany, after settlement enters into force
Nov 02, 2021 -
Looking Back: Telefonica v. Argentina tribunal rejected jurisdictional objections based on derivative shareholder claims, forum selection clause, and local litigation requirement
May 31, 2021 -
Syrian award (and dissent) at heart of recent set-aside decision has finally surfaced
May 20, 2021 -
Disappointed claimants fail to set aside award against Syria before Swiss courts, which find that decision to award compensation in Syrian pounds did not violate public policy
May 14, 2021 -
[Updated with a copy of the Award] Tribunal in previously-unseen award against Russia upheld jurisdiction over Crimea-related claims, and awarded over 1.3 billion USD in compensation
Apr 13, 2021 -
Crimea-related 1 billion USD award against Russia is set aside, as Paris court finds that the tribunal lacked jurisdiction
Mar 30, 2021 -
PV Investors award against Spain is upheld at seat, as Swiss judges find that the arbitrators validly rejected efforts to reopen intra-EU objection
Mar 23, 2021 -
Cement plant owners file for partial annulment of ICSID award
Mar 08, 2021 -
Breaking: Germany and Vattenfall settle long-running arbitration dispute arising from nuclear phase-out
Mar 05, 2021 -
Libya Round-Up: A new claim, a new decision, and an update on other cases against the state
Feb 11, 2021 -
Iran’s case against the United States at the ICJ is allowed to proceed, as judges dismiss abuse of process objection and leave “essential security” defence for the next stage
Feb 04, 2021 -
Poland held liable for denial of justice directed at affiliate of Elliott hedge fund in newly-surfaced UNCITRAL investment treaty award
Jan 11, 2021 -
Revealed: Arbitrators in Egyptian cement dispute unanimously find that lengthy court proceedings amount to a failure to provide effective means, but tribunal majority awards no damages
Dec 11, 2020 -
Analysis: Three enforcement judgments in Tatneft v. Ukraine find against the state on definition of investment and abuse of rights; award is ultimately enforced despite tribunal’s lack of jurisdiction
Nov 24, 2020 -
Public hearings in high-profile Vattenfall v. Germany arbitration discuss valuation and recent Constitutional Court decision
Nov 22, 2020 -
Analysis: In previously unseen Turkey-Syria BIT award, majority imports a more favourable war-losses clause; in dissent Ziade warns of “exorbitant” implications of majority reading
Nov 13, 2020 -
Tribunal in Egyptian cement dispute declines to award damages under the Egypt-Spain BIT; Charles Brower dissents
Nov 02, 2020 -
Investigation: In still-confidential Tenoch v. India award, Brower and Stern fall out over availability of national security defence to justify measures taken against Russian investors
Oct 28, 2020 -
Investigation: in confidential award, Syria is held liable for foreign investor’s war losses, after tribunal majority imports a more generous war-losses protection via BIT’s MFN clause
Oct 19, 2020 -
US Court weighs in on arbitrator impartiality and corporate restructuring
Aug 25, 2020 -
Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state
Aug 11, 2020 -
[UPDATED]: Vattenfall tribunal survives second bid by Germany to disqualify all members; PCA Secretary-General offered opinion on all grounds for challenge, including non-suspension during pandemic
Jul 08, 2020 -
Arbitrators comings and goings: One newly-revealed tribunal in under-the-radar OIC Treaty case, and two tribunal reconstitutions
Jul 05, 2020 -
Arbitrators are selected to hear tunnel construction dispute against Morocco
Apr 21, 2020 -
Breaking: Germany files second challenge to all three arbitrators hearing Vattenfall case
Apr 20, 2020 -
Jurisdictional decision in PV Investors v. Spain surfaces: majority of Kaufmann-Kohler/Sepulveda-Amor declines jurisdiction over domestic claimants under the UNCITRAL Rules; Brower disagrees
Mar 20, 2020 -
Majority orders the United States to compensate Iran for failing to return certain Iranian properties
Mar 18, 2020 -
Breaking: arbitrators rule in longest-running Spanish solar claim; Kaufmann-Kohler/Sepulveda-Amor majority find that PV Investors only had legitimate expectations of reasonable return; Brower dissents
Mar 01, 2020 -
Looking Back: In Siemens v. Argentina, arbitrators used MFN to bypass local litigation requirement and found an expropriation of contractual rights, but ultimately saw their award abandoned as part of Siemens' settlement of bribery scandal
Feb 03, 2020 -
India prevails in UNCITRAL BIT case brought by Russian/Cypriot investors in telecoms sector
Jan 20, 2020 -
Long-confidential Turkcell v. Iran award reveals reasons for tribunal divergence - and Brower dissent - as well as tribunal's views of corruption investigation led by Lord Hoffman
Nov 15, 2019 -
Arbitrators in Turkcell v. Iran differed as to whether silent investment treaty applies to pre-existing investments, but agreed that an MFN clause could not be used to bring such investments under rubric of treaty
Nov 15, 2019 -
LOOKING BACK: In Vacuum Salt Products Limited v. Ghana, tribunal sees no evidence of foreign control and declines jurisdiction over Ghanaian claimant
Nov 13, 2019 -
Analysis: Full reasons for dismissal of challenge to Gabriel Bottini surface, clarifying why his fellow panelists saw no basis for disqualification; new challenge hinged on double-hatting challenge in prior case
Nov 10, 2019 -
Venezuela round-up: ICSID ad hoc committee rejects annulment bid in Highbury case, a new chair is named for Saint Patrick case, and another annulment proceeding is discontinued
Sep 11, 2019 -
Russia asks tribunal to revise earlier findings, citing new evidence that supposedly casts doubt on tribunal's jurisdiction (and thus its $1.3 billion award)
Aug 22, 2019 -
Poland held liable for denial of justice in Elliott hedge fund arbitration; Unanimous Rigo-chaired tribunal sees "egregious" failing by Supreme Court and awards $9.5+ million
Aug 13, 2019 -
Veeder-chaired tribunal declines jurisdiction over unusual claim where investor sought to use MFN, domestic law, and unilateral declarations of state to circumvent unratified BIT
Aug 01, 2019 -
Result of investment treaty claim finally comes to light in UAB “ARVI” ir ko and UAB “SANITEX” v. Serbia case
Jun 10, 2019 -
Looking Back: Long confidential decisions in second Saar Papier v. Poland case reveal how a new tribunal reckoned with res judicata effects of awards rendered in first BIT proceeding
May 14, 2019 -
Vale v. BSGR award offers fuller window into previously-reported arbitrator challenges, including a detour into UK Court
May 02, 2019 -
In-depth: UNCITRAL decision on path ahead came after negotiated compromise, but some developing states grumbled about informal consultations that broke deadlock
Apr 11, 2019 -
At UNCITRAL Working Group Sessions, prominent arbitrator Charles Brower cautions against "revolution" of investor-state arbitration system
Apr 11, 2019 -
After ouster of chair, but failed effort by BSG to remove remaining arbitrators, LCIA tribunal weighs in with $1.25+ billion award in favour of Vale mining firm
Apr 10, 2019 -
Analysis: reasons are revealed for Germany's attempt to unseat arbitrators in high-stakes nuclear case - and for PCA Secretary General's view that the challenge is unfounded
Mar 11, 2019 -
Germany's bid to disqualify Vattenfall arbitrators is rejected
Mar 07, 2019 -
English High Court of Justice rejects investor’s request for extension to challenge UNCITRAL BIT award
Feb 27, 2019 -
ANALYSIS: $2.7 billion award by Fortier and Brower surfaces as a result of Nigerian efforts to block enforcement; ruling in favor of Shell and Exxon entities touched on constitutional questions, as well as tax stabilization
Feb 15, 2019 -
An update on the Vattenfall v. Germany arbitration: facing criticism from Germany, ICSID agrees to get non-binding opinion from PCA on pending arbitrator challenge
Jan 24, 2019 -
An overview of our reporting from September-December 2018
Jan 04, 2019 -
When Venezuelan state fails to pay advance on costs, annulment committee lifts stay on Saint-Gobain award before proceedings are suspended - thus leading to $42 million award becoming public as part of enforcement effort
Dec 17, 2018 -
ICC Court disqualifies arbitrator in bilateral investment treaty case, leading to tribunal reshuffle
Nov 27, 2018 -
Russian Federation is hit with $1.3 billion dollar UNCITRAL bilateral investment treaty award
Nov 26, 2018 -
Looking Back: First Occidental v. Ecuador case sees discussion of comparators for discrimination, use of WTO law, and ‘fork-in-the-road’ clauses
Nov 23, 2018 -
Germany lodges request to disqualify all three arbitrators in Vattenfall nuclear arbitration
Nov 14, 2018 -
Charles Brower disqualified from arbitral tribunal over public comments
Nov 05, 2018 -
Challenge against three high-profile arbitrators is spurred by misdirected email to arbitral secretary; Gary Born submits expert report in defence of arbitrators
Nov 05, 2018 -
BSGR v. Republic of Guinea: as case enters its final stage, a primer on the parties’ debate about the proof and consequences of corruption
Nov 05, 2018 -
Looking Back (4 of 4): In final Amco Asia v. Indonesia award, investors’ expulsion from hotel warrants no specific compensation, but license revocation does; ad hoc committee annuls a supplementary decision adopted without hearing the parties fully
Oct 14, 2018 -
UPDATED: Petrobras seeks to overturn $600+ mil award by taking aim at arbitrator Charles Brower, and asks U.S. judge to compel dissenting arbitrator to give testimony as to alleged "due process" failures that led him to fall out with Brower and William W. Park
Oct 08, 2018 -
[UPDATED] In a provisional measures ruling, International Court of Justice orders US to modify sanctions against Iran - and US responds that it will terminate treaty
Oct 03, 2018 -
Looking Back (1 of 2): CSOB v. Slovakia arbitrators see a unique basis for jurisdiction, as BIT that had not entered into force is incorporated into parties’ contract
Sep 28, 2018 -
An update on eight investment arbitration claims against Canada
Sep 20, 2018 -
Vattenfall tribunal issues decision rejecting Germany's post-Achmea jurisdictional objection
Sep 03, 2018 -
Korea round-up: An update on six investment treaty disputes against South Korea
Jul 25, 2018 -
ICC puts Alan Thambiayah in chair of latest BIT arbitration against Libya
Mar 28, 2018 -
Venezuela moves to annul a pair of recent arbitral awards: Saint-Gobain and Longreef
Mar 15, 2018 -
Disqualification decision surfaces in Blue Bank v. Venezuela, clarifying reasons why Castellanos Howell survived challenge; repeat appointments by ICSID raise no doubts over impartiality
Mar 14, 2018 -
Balkans round-up: catching up on various investment treaty claims in South-East Europe, including tribunal constitution, an arbitrator challenge, and other key developments
Mar 04, 2018 -
English court orders security for costs against claimants in set-aside proceedings funded by Burford Capital, but declines security over still-unpaid adverse costs order in underlying arbitration
Feb 12, 2018 -
As another Spain award looms, four more previously-confidential renewables cases surface; potential liability for all pending claims now exceeds $9.5 billion
Feb 07, 2018 -
Looking Back: ADC v. Hungary established reference to customary international law on compensation for unlawful expropriation, outlined standards for due process, and set precedent for determining compensation at date of award
Jan 11, 2018 -
Yves Fortier is tapped to chair BIT claim by BM Mühendislik ve İnşaat A.Ş. against United Arab Emirates
Dec 22, 2017 -
India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
Nov 01, 2017 -
In McLachlan-chaired arbitration, newly-obtained award reveals that gold miner failed on contractual claims, and tribunal rejected claimant's attempts to raise claims for breach of international law
Nov 01, 2017 -
Looking Back: Fortier-chaired tribunal in Santa Elena v. Costa Rica found environmental objectives irrelevant to compensation under international law
Sep 17, 2017 -
Libya investment treaty claims: another claim surfaces and another tribunal is finalized
Jun 29, 2017 -
US Court declines to set aside Mesa v. Canada award, and rejects investor’s argument that NAFTA tribunal breached due process by showing “deference” to government measures
Jun 16, 2017 -
Spain's arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector
May 05, 2017 -
ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela
May 03, 2017 -
Previously-unseen jurisdictional award waves away objections to Russian-owned investment claim in Tatneft v. Ukraine
Apr 19, 2017 -
In long-confidential Russia-Ukraine BIT award, tribunal reviews evidence of alleged “black raid” by oligarch, facilitated by Ukraine’s courts and Prosecutor
Apr 07, 2017 -
In Tatneft v Ukraine award, tribunal sees breach of FET in the totality of the record but awards only the price originally paid by the investor
Apr 07, 2017 -
Looking Back: Ethyl v. Canada case drew early public attention to previously obscure arbitration process, and settled after tribunal's jurisdiction ruling
Mar 21, 2017 -
In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
Mar 09, 2017 -
Looking Back: in first award involving the US under NAFTA Chapter 11, tribunal found no denial of justice against Canadian investor Mondev
Feb 17, 2017 -
Union takeover of French-owned industrial plant is not attributed to state initially, but Venezuela later meets ILC Articles test of adopting such conduct as its own
Feb 06, 2017 -
In a detailed quantum analysis in Saint-Gobain v. Venezuela, arbitrators split on country risk premium issue, while debating evidence on whether BITs actually affect political risk assessments
Feb 06, 2017 -
In a new award, Hochtief gets $13.41 million for some Argentine losses, but bulk of damages case falls away under closer scrutiny by arbitrators
Jan 13, 2017 -
Swedish Supreme Court leaves in place lower court's declaration that Yukos arbitrators lacked jurisdiction over Spanish BIT case; set-aside of award now looks inevitable
Dec 16, 2016 -
UPDATED: Paris Court of Appeal weighs in on Russia-Ukraine BIT awards
Nov 30, 2016 -
Vattenfall v. Germany hearings (over nuclear energy phase-out) to be streamed online
Oct 04, 2016 -
Fortier-chaired UNCITRAL tribunal dismisses BIT claim by former Iraqi government minister against Pakistan
Sep 04, 2016 -
In the first of a possible wave of BIT claims by Ukraine state-owned entities against Russia, an UNCITRAL tribunal is finalized
Aug 14, 2016 -
After obtaining a jurisdictional victory in 2013, investor later concedes that Pakistani investment treaty is not in force and drops its arbitration
Aug 11, 2016 -
Recap: recent U.S. court rulings in relation to investment treaty awards
Jun 20, 2016 -
Mesa v. Canada tribunal construes NAFTA’s time-bar and procurement rules; does not follow WTO on attribution issue; and frowns on investor's use of U.S. judicial discovery
Apr 28, 2016 -
In Mesa award, Waste Management reading of FET is embraced despite post-Bilcon criticisms, but majority offers much deference to state policy choices; MFN access to stronger FET is nixed
Apr 28, 2016 -
Balkans update: unpublicized treaty cases come to light - Medusa v. Montenegro and Civis v. Serbia - and an arbitrator challenge to Jernej Sekolec shakes up an ad-hoc tribunal
Apr 19, 2016 -
UPDATED: Award rendered in Mesa Power v. Canada NAFTA arbitration, handing set-back to Texas-based renewables company
Apr 01, 2016 -
UPDATED: Spain prevails on merits in first of many Energy Charter Treaty claims in the solar sector
Jan 25, 2016 -
More uncertainty looms as to scope of some Russian and Chinese BITs, as Swedish appeals court contradicts tribunal with respect to narrowly-worded arbitration clause
Jan 25, 2016 -
In rejecting claims of U.S. investor against Oman, arbitrators reckon with free trade agreement's narrow definition of what constitutes a "state-enterprise"
Nov 04, 2015 -
In new ICSID award, arbitrators nod to environmental provisions in U.S.-Oman FTA, and see no breach by Oman due to environmental policing of investor
Nov 04, 2015 -
Recently registered at ICSID: claims against Argentina, Tanzania and Spain, as well as annulment bids by Bolivia and Gambrinus
Oct 19, 2015 -
As decision in Mesa v. Canada looms, investor and all three NAFTA parties weigh in on significance of Bilcon
Aug 10, 2015 -
Germany's openness to ISDS transparency and the Vattenfall arbitration
Jun 02, 2015 -
Korea round-up: Lone Star case reaches hearings, as at least two other investment treaty claims loom
May 18, 2015 -
Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
Feb 04, 2015 -
Investor can pursue treaty claim notwithstanding a belated settlement struck by consortium in which claimant was a minority shareholder
Jan 18, 2015 -
Argentina liable for unfair treatment of Hochtief AG; damages to be worked out between parties and risk insurance policy recovery is discussed
Jan 18, 2015 -
In-Depth: The Daimler v. Argentina annulment decision
Jan 11, 2015 -
Argentina round-up: ICSID ad-hoc committee declines to annul 2012 award in Daimler case; three panelists chosen to hear challenge to SAUR award
Jan 08, 2015 -
Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
Dec 24, 2014 -
INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
Dec 11, 2014 -
Despite Egypt's reported desire to settle disputes, two tribunals are finalized in ICSID cases
Nov 25, 2014 -
European Commission wades into solar arbitrations against Spain, intervening in one case a week before final hearings
Nov 17, 2014 -
Tribunal nixes BIT claim vs. Iran; Turkcell was sidelined after tender victory, but arbitrators don't see investment eligible for treaty protection
Oct 16, 2014 -
Dutch Supreme Court upholds 2011 BIT award for $96 million rendered in favour of Chevron in lesser-publicized dispute with Ecuador
Sep 29, 2014 -
Russia fails in bid for declaration that arbitrators wrongly took jurisdiction over Yukos claims; other countries, including China, may take interest
Sep 11, 2014 -
Brussels' latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors
Sep 08, 2014 -
In renewables case against Canada, the other NAFTA parties weigh in with views on key provisions - some unhelpful to investor
Aug 27, 2014 -
After $112 million arbitration loss to Russian oil company, Ukraine looks to set-aside award
Aug 27, 2014 -
As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
Jul 15, 2014 -
In new filing, US investor alleges that favourable Canadian energy pact granted to a Korean consortium breaches NAFTA Chapter 11
Jul 09, 2014 -
ANALYSIS: In Mesa v. Canada, focus is laid on less-used performance requirements and procurement provisions, and relevance of recent WTO ruling against Canada
Jul 09, 2014 -
Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India
Apr 21, 2014 -
ANALYSIS: The scope for ICSID arbitrators to agree to hand on to ICSID the task of resolving challenges to colleagues
Mar 18, 2014 -
$20+ million Impregilo award against Argentina withstands annulment attempt; committee won't second-guess majority's decision to take jurisdiction via MFN clause
Jan 26, 2014 -
Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
Jan 01, 2014 -
Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector
Dec 05, 2013 -
After much effort, a tribunal is finalized in UNCITRAL arbitration pitting Russian and Cypriot telecoms investors against India
Oct 16, 2013 -
Recent filings in Mesa Energy v. Canada arbitration shed light on Canada’s objections, as well as claimant's allegations of composite breach
Sep 22, 2013 -
Arbitrators issue decision on Germany’s preliminary objections in nuclear phase-out case; Vattenfall’s Energy Charter Treaty claims to proceed
Jul 04, 2013 -
Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first
Jun 18, 2013 -
Lithuania update: Italian investor was denied FET in tender process, but tribunal not persuaded that $250 million in losses can be hung on state
May 28, 2013 -
Lone Star claim against South Korea has an arbitral tribunal in place
May 13, 2013 -
East Timor launches arbitration against Australia, as separate tax dispute with U.S. investor plays out at Singapore International Arbitration Centre
May 07, 2013 -
NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
Apr 25, 2013 -
Investor’s nominee resigns in face of alleged “issue-conflict” challenge; Slovak Republic says BIT claim is an abuse of process
Mar 12, 2013 -
ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
Mar 12, 2013 -
Jurisdiction is upheld in claim by logistics company, Agility Warehousing, against Pakistan
Feb 28, 2013 -
Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration
Feb 28, 2013 -
Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
Jan 29, 2013 -
Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets
Jan 18, 2013 -
ICC picks chairman to preside over investment treaty claim by Russian energy investor, Gazprom
Jan 18, 2013 -
Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture
Jan 17, 2013 -
Former Iraqi Minister initiates treaty claims against Pakistan, but government is slow to respond; at least three other arbitrations afoot
Dec 21, 2012 -
Investor in Venezuela arbitration objects to appointment of outgoing Argentine government official as a member of tribunal
Dec 03, 2012 -
BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim
Nov 04, 2012 -
Swiss lawyer, Gabrielle Kaufmann-Kohler not seeing tail-off in investment treaty appointments in aftermath of bruising 2010 ICSID incident
Oct 22, 2012 -
Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
Sep 02, 2012 -
Majority of tribunal declines to permit Daimler to use MFN clause to circumvent local litigation requirement in Argentine investment treaty
Aug 27, 2012 -
ANALYSIS: Daimler majority closely follows ICS v Argentina reasoning in rejecting extension of MFN clause to dispute settlement
Aug 27, 2012 -
ANALYSIS: More divergence on MFN and dispute settlement as one arbitrator sticks to his guns in new ICSID ruling, while another has a “change of heart”
Aug 27, 2012 -
European Court of Human Rights rejects claims of expropriation by shareholders in nationalised bank
Aug 19, 2012 -
ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court
Aug 01, 2012 -
ANALYSIS: Arbitrators continue to debate whether states deserve a “margin of appreciation” when it comes to how to comply with BIT obligations
Aug 01, 2012 -
Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner)
Jul 26, 2012 -
In an apparent first, Venezuelan investors use one of that country’s investment treaties to sue a European nation; claim against Spain is second spawned by financial crisis
Jul 09, 2012 -
Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice
May 08, 2012 -
ICSID Tribunals constituted in Garanti Koza v. Turkmenistan, Tamimi v. Oman, and Gambrinus v. Venezuela
Apr 30, 2012 -
ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Murphy v. Ecuador case?
Mar 28, 2012 -
ANALYSIS: White v India award engages with definition of investment and state’s obligation to “promote”
Mar 04, 2012 -
ANALYSIS: Arbitrators touch on simmering debate as to relevance of a state’s development-status when assessing claims for treaty breach
Mar 04, 2012 -
ANALYSIS: Tribunal’s reading of "effective means" obligation may ensnare states that otherwise pass treaty muster
Mar 04, 2012 -
ANALYSIS: MFN clause that had worked for some previous investors fails to unlock door to arbitration
Feb 16, 2012 -
India is held liable for investment treaty breach due to protracted judicial delays suffered by foreign investor
Feb 07, 2012 -
Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
Jan 13, 2012 -
New International Investment Law Works: May 2011 to January 2012
Jan 13, 2012 -
U.S. investor seeks to hold Oman responsible for bureaucratic runaround, environmental charges, and “wrongful” termination of quarry lease
Dec 31, 2011 -
Slovakia releases arbitral award pursuant to request; last-minute arbitrator challenge had delayed closing of HICEE case
Dec 01, 2011 -
Majority of arbitral tribunal relies on home state government memo purporting to explain ambiguous Slovak investment treaty clause
Dec 01, 2011 -
Surprise derailment of Dutch investor’s claim against Slovakia serves to highlight possible protective gap in certain Dutch investment treaties
Dec 01, 2011 -
Arbitration over Argentine road concession to proceed, but arbitrators disagree whether MFN clause permits investors to detour around local courts
Oct 26, 2011 -
ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case
Oct 26, 2011 -
Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan
Sep 27, 2011 -
Final damages ruling comes in much lower than Chevron had hoped, but Ecuador still adamant that arbitrators overstepped their bounds in substituting for local courts
Sep 02, 2011 -
Australian miner quietly pursuing arbitration under one of Australia’s investment treaties; first such known case had been overlooked amidst Australia’s own legal and policy upheaval
Jul 07, 2011 -
India sued by foreign investor for investment treaty breach; complaint stems from willingness of Indian courts to consider set-aside of an earlier commercial arbitration ruling
Jul 07, 2011 -
Tribunal has jurisdiction over Perenco's claims that Ecuador’s windfall oil levy breaches contract; jurisdiction under investment treaty to be debated further, as France is invited to table negotiating papers
Jul 07, 2011 -
Arbitrators split on jurisdiction over water concession dispute, but agree that Argentina committed some treaty breaches and should reimburse Italian investor for its sunk costs
Jun 30, 2011 -
Majority of arbitral tribunal permits Italian investor to detour around jurisdictional requirement in investment treaty; Brigitte Stern counters that MFN clause cannot be used in this manner
Jun 30, 2011 -
While majority sees no treaty breach in many aspects of provincial regulators’ treatment of water concession, Charles Brower takes dimmer view of “political” motives and “gradual wearing-down” of project
Jun 30, 2011 -
Arbitrators to decline jurisdiction over $1 Billion arbitration claim by Dutch investor in Slovak health insurance sector
May 17, 2011 -
Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
Sep 15, 2010 -
Italian construction company settles toll highway dispute with Argentina
Sep 15, 2010 -
Arbitrator disqualification based on nationality of arbitrator falls by way side, as case is discontinued
Sep 15, 2010 -
Arbitrators in Chemtura NAFTA case nix bid to hold Canadian government liable for treaty breaches due to phase-out of toxic chemical
Aug 28, 2010 -
Discontinuance of bilateral investment treaty claim leave some questions unresolved for South Africa; future shape of BIT program still up in the air
Aug 28, 2010 -
South Africa mining arbitration ends with a whimper, as terms of discontinuance are set down in award
Aug 05, 2010 -
UNCITRAL treaty claims against Turkey for Five Billion Dollars are dismissed
Jul 02, 2010 -
Arbitral award surfaces in airline dispute under Austria-Slovakia bilateral investment treaty
May 26, 2010 -
ANALYSIS: Tribunal in Slovak case splits on investor’s use of Most-Favoured Nation clause to secure wider scope for arbitration
May 26, 2010 -
Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
May 07, 2010 -
Third BIT claim arises after health policy reversal; Slovak state rebuffed in proposal to publish earlier award under same treaty
Apr 09, 2010 -
Chevron wins first of two arbitrations with Ecuador
Mar 30, 2010 -
Arbitrator Charles N. Brower resigns in TANESCO v. IPTL arbitration, after ICSID tribunal dead-locks on challenge
Mar 15, 2010 -
Some arbitrators eschew counsel work but for various reasons
Feb 25, 2010 -
Pending challenge to arbitrator spawned by articles posted online by assistant
Feb 09, 2010 -
Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma
Jan 16, 2010 -
Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
Jan 16, 2010 -
Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela
Dec 21, 2009 -
Media comments trip up arbitrator Charles N. Brower in successful challenge by Ecuador
Dec 21, 2009 -
Not for the first time, ICSID panelists split on whether a colleague should be recused; Chairman of ICSID Council rules that arbitrator shall stay in Gabon case
Dec 21, 2009 -
South Africa not prepared to let claimant walk away from ICSID claim without further conditions
Nov 30, 2009 -
Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic
Nov 13, 2009 -
Australian miner has arbitration with Gambia registered at ICSID
Oct 30, 2009 -
Slovak Republic prevails in UNCITRAL claim with Austrian investor; treaty contained narrowly-cast jurisdictional clause
Oct 30, 2009 -
NGOs permitted to intervene in South Africa mining case and for second time at ICSID, petitioners to see documents
Oct 14, 2009 -
Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession
Aug 17, 2009 -
Divided ICSID panel offers sharply divergent interpretations of treaty concluded by Slovenia and Croatia
Jun 29, 2009 -
Tribunal orders that windfall tax payments be put in escrow; Ecuador ignores order in Perenco arbitration
May 27, 2009 -
New Articles and Books on Investment Treaty Law: Dec 2008 to April 2009
May 11, 2009 -
Hochtief v. Argentina case likely to see clash over whether German investors can use MFN clause to skip waiting period
May 11, 2009 -
Analysis: Ruling in Russian case could spawn further use of Russian and Chinese treaties
Apr 17, 2009 -
Arbitrators diverge on MFN application to dispute settlement in Spain-Russia treaty
Apr 16, 2009 -
Tribunal in Spanish shareholders' Yukos claim holds that narrow arbitration clause permits expropriation claim
Apr 16, 2009 -
Tribunal affirms jurisdiction over claim by Spanish minority shareholders in Yukos oil company
Apr 02, 2009 -
BIT claim against Iran by Turkcell unfolds under UNCITRAL rules; tribunal constituted, and challenge to Brower fails
Feb 28, 2009 -
In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes
Feb 10, 2009 -
Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
Jan 22, 2009 -
ANALYSIS: Canada and US chemical company debate whether ban on Lindane amounts to expropriation or other treaty breach
Jan 22, 2009 -
Siemens pleads guilty to breach of Foreign Corrupt-Practices Act; evidence of arbitration over illicit payments
Dec 17, 2008 -
Tribunal to hear Chevron’s claim that Ecuador lacks judicial independence; Gov't sees link to parallel enviro case
Dec 11, 2008 -
Barrister may not appear as counsel for state in arbitration where another member of chambers sits on tribunal
Nov 25, 2008 -
Bolivia settles bilateral investment treaty arbitration with Ashmore Energy over nationalization of key pipeline
Nov 12, 2008 -
Azerbaijan asks tribunal in Energy Charter Treaty case to dismiss claim following witness testimony as to bribe provision
Oct 01, 2008 -
ICSID case between Tanzanian state electric co. and Malaysian-controlled power producer is disinterred
Jul 28, 2008 -
Argentina and Siemens ask annulment panel to suspend proceedings, so original arbitrators can look at bribes evidence
Jul 28, 2008 -
TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration
Jun 03, 2008 -
Schedule set for chemical company’s case against Canada; hearings to be closed to public
Jun 03, 2008 -
Kyrgyz Republic settles BIT claim with UK miner, Oxus
May 16, 2008