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Recent articles

  Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim
  ANALYSIS: Uruguayan objection in Philip Morris arbitration highlights ongoing disagreement over domestic-litigation clauses in treaties
  Venezuelan exit from ICSID raises questions both legal and financial
  ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen
  Newly-published award finds Argentina treated El Paso Corporation “unfairly”, but arbitrators take state-friendly reading of some investment treaty protections
  ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of “creeping” unfair treatment
  El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages
  ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense reflects wider chasm; role of “state practice” in treaty interpretation also studied
  U.S. Court tears up $185+ Million award due to failure of arbitrators to respect treaty’s call for 18 months of local litigation in Argentina
  Arbitral award in El Paso v. Argentina ICSID arbitration now available for download
  Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
  ANALYSIS: Lessons of the Greenwood/UNCLOS challenge for inter-state investment arbitration
  Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Exxon subsidiary awarded $907 Million in ICC arbitration with Venezuelan state oil company; ICSID case still pending
  Australia opts for transparency in Philip Morris arbitration; Uruguay faces similar claim, but has yet to follow suit
  Payment Round-Up: New reporting on ICSID award debts of Kazakhstan, Kyrgyzstan and Bangladesh
  Republic of Georgia agrees to pay 1/3rd of ICSID award; litigation funder eyes recovery after bumpy ride
  Mining investor’s lack of funding puts CAFTA arbitration on ice
  Argentina fails in effort to disqualify arbitrators in sovereign debt arbitration at ICSID
  ICSID nixes effort by two blocs of investors in Hungary to unilaterally join their arbitral claims
  U.S. investor seeks to hold Oman responsible for bureaucratic runaround, environmental charges, and “wrongful” termination of quarry lease
  ICSID sets a caseload record in 2011
  Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
  Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
  ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts
  Former ICSID claimant wins human rights case for unlawful detention and asset seizures; court does not delve into misconduct questions that had roiled earlier arbitration
  ICSID Docket Round-Up: Four tribunals are announced in Peru, Venezuela, Albania and Romania cases; ICSID picks chairs in two cases following deadlock
  Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute
  Parties to Guatemalan railway arbitration joust over alleged extortion, financial viability of investment, and investor’s reliance on “ultra vires” contract
  Guatemalan railway arbitration sees legal debate as to administrative delays and due process requirements imposed by CAFTA
 
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Investment Arbitration Reporter is an electronic news service tracking cross-border arbitrations between foreign investors and their host governments.

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