UNCITRAL/Ad-Hoc

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Recent articles

  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
  Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending
  Heritage Oil v Uganda tax arbitration heads to jurisdictional hearings
  Arbitration by Merck pharmaceutical company resumes after unsuccessful effort by Ecuador to disqualify claimant’s arbitrator, Stephen Schwebel
  As Chevron finally plays the ‘denial of justice’ card in Ecuador dispute, arbitrators call for fast-tracking of some issues
  Jan Paulsson weighs into Chevron v. Ecuador arbitration with expert opinion on denial of justice
  Settlement round-Up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization
  Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute
  ANALYSIS: Amidst thicket of Thai and Indonesian investment laws, confusion as to admission requirements found in some Southeast Asian investment treaties
  Bid by U.S. oil company to claim that Ecuador’s 2006 windfall levy breaches investment treaty continues slow, torturous path to arbitration
  ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Ecuador case?
  ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?
  BVI company argues that ad hoc arbitral award from dispute with state-owned port agency can be confirmed against African state (Liberia)
  In new ruling, Poland held liable for breach of intra-EU BIT
  Czech government says that ongoing set-aside proceeding is grounds for not disclosing award from German BIT case
  Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant
  ANALYSIS: Chevron/Ecuador jurisdictional decision discusses issues of Ecuadorian law, third party rights, and “fork in the road” test
  Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene
  Ethiopia prevailed in face of foreign investor’s attempt to use investment treaty to sue over ICC arbitral award
  ANALYSIS: White v India award engages with definition of investment and state’s obligation to “promote”
  ANALYSIS: Arbitrators touch on simmering debate as to relevance of a state’s development-status when assessing claims for treaty breach
  ANALYSIS: Tribunal’s reading of "effective means" obligation may ensnare states that otherwise pass treaty muster
  Miner secures funding for expropriation claim against government (Uzbekistan); at least three types of funding seen in cases to date
  Ecuador publishes list of arbitral claims; many have had a prior airing in IAReporter, but there are a couple surprises
  As spotlight shines on Ecuadorian judicial system, U.S. drug company, Merck, pursues a Chevron-style arbitration claim of its own
  Copper miner files its statement of claim in previously-unannounced ad-hoc arbitration against Ecuador
  As “effective means” of justice obligation has its moment in the sun, will Ecuador-U.S. arbitration generate an eclipse?
  As dust settles on adverse arbitration ruling against India, a Russian investor puts India on notice of a treaty claim
  Arbitrators dismiss UNCITRAL investment treaty claim due to failure of claimant to begin in local courts (Argentina)
  ANALYSIS: MFN clause that had worked for some previous investors fails to unlock door to arbitration