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Filtered : Amicus Curiae Interventions

• NAFTA tribunal grants request by local indigenous representative to make amicus submission, but declines to repeat non-aggravation order in light of recent conduct by Mexico

  Feb 28, 2024

• Mexico intervenes in Keystone XL arbitration, siding with the USA’s view that the USMCA’s NAFTA legacy provision does not apply to disputes that arose during the NAFTA-USMCA transition period

  Sep 19, 2023

• International Court of Justice allows 32 countries to intervene in the Genocide Convention case between Ukraine and Russia; US application, however, is rejected

  Jun 13, 2023

• ICSID tribunal allows NGOs to intervene in hydropower dispute with Guatemala, but splits over scope of amicus submission; earlier bifurcation decision also comes to light

  Mar 27, 2023

• In non-disputing party submission filed in NAFTA legacy dispute, the USA opines that the claimants bear the burden of proof on jurisdiction, and submits that police powers doctrine does not include an element of proportionality

  Mar 17, 2023

• In non-disputing party submission, USA contends that arbitral practice regarding “autonomous” FET standard is irrelevant when interpreting US-Peru FTA

  Mar 07, 2023

• ICSID tribunal (partially) grants European Commission’s request to intervene in intra-EU arbitration against Germany

  Feb 06, 2023

• ECT tribunal allows European Commission to file amicus brief in renewables case against Italy, but denies requests for access to record and hearing

  Jun 16, 2022

• Analysis: Tribunal majority in Renergy v. Spain finds that radical changes to renewable energy framework breached legitimate expectation of relative stability; dissenter opines that legitimate expectations are not the appropriate framework for assessing the dispute

  May 17, 2022

• Tribunal majority rejects request for amicus participation; Philippe Sands dissents, pointing to need to address concerns about legitimacy of ISDS regime

  Feb 10, 2022

• Free to View: NAFTA/USMCA tribunal invites amicus curiae applications in emissions trading arbitration

  Feb 02, 2022

• ICSID tribunal declines request for amicus intervention from local lawyer who alleges that claimant’s pleadings are causing damage to his professional reputation

  Dec 21, 2021

• Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties

  Nov 11, 2021

• In NAFTA mining case, the United States and Canada express their opinions on national treatment, the minimum standard of treatment, expropriation, and the distinction between direct and reflective losses

  Nov 09, 2021

• In Mexican offshore oil dispute, Canada and the United States set out their views on claims by dual nationals, reflective losses, and state enterprises under NAFTA

  Oct 13, 2021

• Uncovered: ICSID ad hoc committee rejected Hungary’s bid to annul dismissal of intra-EU objection in food voucher dispute

  Oct 06, 2021

• ICSID tribunal accepts amicus curiae submission on limited factual issues, including corruption allegations not raised by parties

  Sep 01, 2021

• The United States chimes in on mandatory bifurcation objection and local litigation waiver under US-Peru Trade Promotion Agreement

  Aug 27, 2021

• Analysis: Antin v. Spain committee finds that treatment of intra-EU jurisdictional objection does not warrant annulment; committee members also emphasize the tribunal’s discretion in the valuation of damages

  Aug 04, 2021

• Mexico weighs in on Canada’s ratione temporis objections in NAFTA coal phase-out dispute

  Jul 16, 2021

• [Updated] VIAC Rules of Investment Arbitration come into force; new rules regulate counterclaims, third-party funding, security for costs and expedited proceedings, and provide for limited transparency

  Jul 09, 2021

• The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration

  Jul 05, 2021

• Tennant v. Canada tribunal rules (again) on bifurcation; deadline for amicus curiae submissions is set

  Jun 23, 2021

• ICSID publishes fifth working paper, proposing new provisions on ownership and control, third-party funding and costs; Secretariat invites state parties to proceed to a final vote

  Jun 16, 2021

• Central America Round-Up: An update on arbitration-related developments in the region

  Apr 08, 2021

• In recent non-disputing party submission, US sets out views on licenses as investments and non-retroactivity of treaties

  Mar 29, 2021

• Analysis: Tribunal majority in Eurus v. Spain gives weight to EU law in assessing the claimant’s legitimate expectations

  Mar 29, 2021

• ICSID tribunal finds that “environmental justice movement” without legal personality or identified representative cannot submit amicus curiae brief

  Mar 23, 2021

• DR-CAFTA parties set out views on limitation period, minimum standard of treatment, and non-discrimination obligations in mining case against Guatemala

  Mar 16, 2021

• Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return

  Mar 16, 2021

• United States sets out views on judicial conduct in Lion Mexico NAFTA arbitration

  Aug 13, 2020

• Community members submit renewed petition for amicus participation in Guatemalan mining dispute

  Jul 22, 2020

• Reasons surface why Cube v. Spain committee declined the EC’s request to intervene as amicus curiae, and lifted the stay of enforcement of the award

  Jun 26, 2020

• USA and Mexico submit that NAFTA parties reached a binding subsequent agreement on interpretation of the treaty’s national treatment provision

  Jun 24, 2020

• US non-disputing party submission in Vento v. Mexico addresses minimum standard of treatment, non-discrimination, continuous nationality, time-bar, definition of investment and limitations on loss

  Jun 24, 2020

• Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor’s expropriation and FET claims fail on the merits

  Jun 22, 2020

• Arbitrators reject intra-EU jurisdictional objection in Swiss Franc loans dispute with Croatia

  Jun 15, 2020

• USA files non-disputing party submission in dual-nationals’ case against Colombia

  Jun 05, 2020

• EU’s second draft proposal for Energy Charter Treaty renegotiation reaffirms the EU’s commitment to a multilateral investment court, proposes a provision on valuation of damages, and addresses public debt restructuring in post-COVID 19 context

  May 04, 2020

• Canada offers its views on environmental regulations and public policy exceptions under the Canada-Colombia FTA

  May 01, 2020

• Breaking: Latvian heating supply award withstands annulment bid at ICSID

  Apr 10, 2020

• In Tennant v. Canada, tribunal refuses to order interim measures and security for costs, but mandates third-party funding disclosure; bifurcation request is deemed premature

  Apr 05, 2020

• US weighs in on temporal jurisdiction under Peru-US FTA

  Apr 05, 2020

• Canada round-up: Canada prevails in claim brought by Egyptian investor, as a number of other cases see new developments

  Mar 31, 2020

• In just-surfaced InfraRed v. Spain award, tribunal saw specific commitments by Spain not to revise the tariffs, premiums, and price limits applicable to the claimants’ CSP plants

  Mar 30, 2020

• EU’s ideas for Energy Charter Treaty renegotiation come to light; draft proposals still open to member-state comment, but include 3PF provisions, security for costs, expedited objections, and clearer denial of benefits

  Mar 26, 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

• Analysis: In latest award against Spain, arbitrators decide that investors in small-hydro plants could not reasonably expect fixed incentives, but were entitled to a reasonable rate of return

  Mar 13, 2020

• For the first time, an arbitrator declines jurisdiction under an intra-EU BIT – but majority disagrees

  Feb 14, 2020

• ANALYSIS: Majority in Adamakopoulos v. Cyprus rejects intra-EU jurisdictional objection and upholds jurisdiction over mass arbitration brought by a group of bondholders and depositors in local banks

  Feb 14, 2020

• In latest Spain ruling, arbitrators find no violation of RWE’s legitimate expectations, but see a breach of the ECT’s proportionality requirement

  Jan 06, 2020

• Hearings set to kick off in closely-watched Eco Oro v. Colombia mining arbitration

  Dec 30, 2019

• Tribunal hearing Guatemalan mining dispute rejects amicus curiae application as “premature”

  Dec 17, 2019

• NAFTA tribunal majority rejects amicus curiae bid by bondholders; newly-released documents lay out allegations of bribery and illegal collusion in oil rig case

  Jul 19, 2019

• ANALYSIS: ECT tribunal of Reichert, Poncet and Dupuy weighs in with decision, rejecting Italy’s efforts to derail Rockhopper v. Italy arbitration due to Achmea and intra-EU objections

  Jun 28, 2019

• ICSID annulment committee allows European Commission to intervene in an ECT case, but limits intervention to EC’s complaint about earlier tribunal’s decision to oblige amicus curiae to make costs undertakings

  Mar 26, 2019

• European Commission weaponizes recent member state declarations on Achmea in order to contest enforcement of ECT award

  Mar 19, 2019

• In new ruling, ICSID tribunal denies application for non-disputing party submission, considering that the petitioners failed to prove that the arbitral dispute involved issues of human rights

  Feb 20, 2019

• An overview of our reporting from September-December 2018

  Jan 04, 2019

• In a new ruling, ICSID tribunal considers that it has the power to limit the scope of an amicus curiae submission, thus excising legal arguments and testimony

  Dec 17, 2018

• Looking Back: Methanex v. USA established iconic ‘police powers’ test, admitted first-ever amicus brief, and delved into use of WTO case-law, admissibility of unlawfully-obtained evidence, and NAFTA’s ‘relating to’ requirement

  Aug 01, 2017

• Looking Back: Methanex tribunal deferred to scientific study undertaken by University of California, and rejected jurisdiction after finding no breaches on the merits

  Aug 01, 2017

• NAFTA Chapter 11 tribunal declines joint amicus application by Barry Appleton and Robert Howse 

  Jul 20, 2017

• ICSID tribunal denies third party request for release of witness statements and expert reports in controversial mining case

  Jul 12, 2017

• Singapore appeals court restores arbitral finding that Chinese investment treaty extends to Macau

  Oct 02, 2016

• Arbitrators accept one amicus application and reject another in Bear Creek v Peru arbitration

  Jul 26, 2016

• Local NGO opponent of claimant-investor is granted permission to intervene in Costa Rica gold mine arbitration, and given access to documents

  Jun 08, 2016

• Uruguay: updates on the Philip Morris arbitration, and a new treaty claim filed at ICSID

  Mar 28, 2016

• In-depth: exploring the reasons why an ICSID annulment committee has declined Romania’s bid to annul Micula award

  Feb 28, 2016

• European Commission’s arguments before Micula annulment committee are dismissed, but E.C. says that its non-enforceability arguments are gaining purchase in member-state courts

  Feb 28, 2016

• Attempted interventions of pharma industry lobby groups and certain academics are nixed in Eli Lilly v Canada NAFTA case

  Feb 25, 2016

• ANALYSIS: as unprecedented number of would-be amicus curiae intervene in Eli Lilly v. Canada NAFTA case, arbitrators face several dilemmas

  Feb 16, 2016

• Recent post-award developments in the Micula v. Romania I case

  Sep 10, 2015

• Philip Morris disputes: Another intervener is OK’ed to make arguments in Uruguay case; Bloomberg and Gates announce legal defence & support fund

  Mar 19, 2015

• World Health Organization is given green-light by arbitrators to intervene in Philip Morris v. Uruguay arbitration

  Feb 20, 2015

• Latest developments in the Philip Morris arbitrations against Australia and Uruguay

  Feb 12, 2015

• Spain round-up: Even as European Commission throws up red flags, two new claims land at ICSID, and tribunal members are finalized in another

  Jan 27, 2015

• Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary

  Dec 24, 2014

• INVESTIGATION: Intervention by EU Commission – and expression of doubts on enforceability – preceded investor’s decision to drop intra-EU BIT claim

  Oct 21, 2014

• REVEALED: a first look at arguments made by European Commission in its recent bid to halt UNCITRAL arbitration under intra-EU BIT

  Oct 21, 2014

• Tribunal is named for bank’s BIT claim vs. Greece as European Commission makes new amicus bid in another ICSID proceeding

  Oct 21, 2014

• Eli Lilly sets out case for patent invalidation being deemed an expropriation – rather than non-compensable governmental action

  Oct 19, 2014

• Arbitral tribunal is constituted to hear Costa Rica gold mine dispute, and local NGO opponent of claimant-investor seeks intervener status

  Oct 15, 2014

• Brussels’ latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors

  Sep 08, 2014

• INVESTIGATION: In recent briefs, European Commission casts doubt on application of Energy Charter Treaty to any intra-EU dispute

  Sep 08, 2014

• European Commission’s DG Trade tries to intervene for first time in an extra-EU BIT case to offer “systemic” views, but ill-timed application is rejected

  Jul 09, 2014

• ICSID Annulment committee rejects effort by Spain-U.S. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case

  Apr 01, 2014

• In Micula v. Romania case, EU expresses doubts as to legality of ordering EU state to compensate investors for lost incentives

  Jan 06, 2014

• Arbitrators fall out over Mexican demands for transparency in Telefónica case; dissenter seeks proof that publicity would exacerbate dispute

  Aug 22, 2013

• Tribunal picks Washington DC as seat for unfolding NAFTA arbitration; hearings to be closed, and amici can’t access more info than public

  May 28, 2013

• Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence

  May 15, 2013

• Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration

  Mar 19, 2013

• ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated

  Dec 10, 2012

• Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award

  Sep 02, 2012

• Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings

  Jun 27, 2012

• ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici – and those seeking to raise novel concerns such as human rights law

  Jun 27, 2012

• Parties in NAFTA pharmaceuticals arbitration trade arguments on jurisdiction, as tribunal rejects amicus participation

  Dec 01, 2011

• Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom

  Mar 15, 2011

• Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word

  Sep 28, 2010

• ANALYSIS: ECT’s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary’s EU law obligations

  Sep 28, 2010