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Recent articles

  Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
  Lone Star claim against South Korea has an arbitral tribunal in place
  Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
  Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus
  ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation
  Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages
  Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case
  Kazakh investors pursue arbitration against Uzbekistan for harm to investments in two cement companies
  Cambodia defeats claims over power plant, and wins $5.6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities
  Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
  Mexico is found liable for breach of investment treaty in dispute with Spanish owners of waste management facility
  Peru defeats $100 million ICSID contract claims of electricity concessionaire
  Tribunal is finalized to hear Renco v. Peru arbitration arising out of controversial La Oroya facility
  Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.8 million damages bill
  In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter
  French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim
  Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos
  Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v. Philippines arbitration
  Honduras seeks annulment of arbitral award rendered in 2012 in favour of Spanish construction company
  Arbitrators are selected to hear claim for expropriation of drinks factory in Guinea (Conakry)
  Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration
  Arbitrators in water privatization dispute dismiss all jurisdictional objections raised by Argentina in face of Spanish investors’ claims
  ICSID tribunal weighs in with unanimous reading of local litigation requirement found in Argentine bilateral investment treaty
  Tribunal dismisses - by thin margin - the first of several jurisdictional objections raised by Turkey in face of Dutch investor's treaty claim
  Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
  ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Jurisdiction is upheld in claim by logistics company, Agility Warehousing, against Pakistan
  Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration
  Chair is named in high-stakes Ping An v. Belgium arbitration over Fortis Bank shareholding
  Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
  Payment of awards update: new reporting on arbitral debts of the Dominican Republic and Mexico
  Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute
  On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention
  On merits, tribunal splits on deference to be shown to Sri Lanka Supreme Court – and whether a debt is expropriated if contractual dispute forum is available
  Korean professor to chair second dispute over Owens-Illinois investments in Venezuela; ICSID Secretariat continues to tap new arbitrators from East Asia
  Tribunal now in place for ICSID arbitration by Dutch investor (Venoklim) in Venezuelan petrochemicals plant
  ICSID Annulment Committee selected to hear Argentina’s bid to annul $200 million arbitral award in EDF electricity dispute
  Arbitrators selected for Telefonica v. Mexico investment treaty arbitration
  Arbitral tribunal is convened to review Egypt’s treatment of French investor, Veolia, in waste management concession
  ICSID tribunal is finalized for claim by two Italian investors (Gavazzi) in Romanian steel plant
  ICSID tribunal rules that Tidewater did not restructure Venezuelan assets in an abusive fashion; however, some claims are beyond tribunal’s jurisdiction
  Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
  Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty
  ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v. Indonesia arbitration
  Tribunal rules on U.S. Government’s request to bifurcate NAFTA Chapter 11 arbitration proceedings
  Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award
  Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
  ICSID Tribunals selected in Dan Cake v. Hungary and Sudapet v. South Sudan arbitrations
  Arbitrators hold that contract wording – and claim pending thereunder – may narrow claims eligible for arbitration under Republic of Guinea’s Foreign Investment Law
  Jurisdictional disagreements are laid bare in NAFTA arbitration; Apotex production facilities located outside the United States figure prominently
  Parties to Apotex v. U.S.A. NAFTA arbitration spar over meaning of legal protections including "effective means" and non-discrimination obligations
  As hearings loom, Uruguay elaborates on jurisdictional objections – including meaning of MFN and local litigation clauses - in Philip Morris arbitration
  Uruguay’s objections in Philip Morris case questions role of expert witnesses, and analyze treaty’s public health “exception” and definition of ICSID investments
  U.S. investors put Panama on notice of potential treaty arbitration in messy real estate dispute
  Three panelists named to decide fate of billion dollar arbitral award from Occidental v. Ecuador case
  Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets
  In two recent arbitrations, Prof. William W. Park holds that wholly passive ownership is not enough for claimants to enjoy investment treaty protection
  Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture
  Tribunal’s (later-annulled) reasoning on notion of investment, and reasons for a dissent are finally revealed in Mitchell v Democratic Republic of Congo case
 
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