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Filtered : Environmental Disputes

• Analysis: Tribunal in Red Eagle v. Colombia splits on whether minimum standard of treaty protects legitimate expectations; majority rules that Colombia did not breach FTA when banning high-altitude mining

  Mar 12, 2024

• Analysis: UNCITRAL tribunal finds that narrow environmental emergency does not fall under “national security interests” exception; takeover of landfill operation is found to breach MST and expropriation provision

  Oct 16, 2023

• An ICSID tribunal is in place to hear ECT/BIT claim against Slovenia arising out of fracking ban

  Mar 07, 2023

• Romania Round-Up: Two under-the-radar BIT tribunals, claimant in ICSID dispute decries UNESCO classification, and newly-uncovered ICC arbitrations

  Aug 04, 2021

• Greenwood-chaired tribunal weighs in with Energy Charter Treaty award, and awards 40+ mil Euros

  Jun 24, 2021

• Analysis: Tribunal chaired by Kaufmann-Kohler dives into corruption allegations, limitation period/scope of liability for judicial acts, and environmental protection provision; Brigitte Stern disagrees with timing of alleged breach and finding of autonomous FET standard

  Jun 10, 2021

• Tribunal hearing gold mining dispute with Costa Rica upholds some (but not all) claims for FET breaches, but declines to award damages; Brigitte Stern pens a separate opinion

  Jun 04, 2021

• Analysis: Ad hoc committee finds that parties cannot waive the tribunal’s duty to render a reasoned award, but ultimately upholds bulk of Perenco v. Ecuador award; two discrete damages calculations are annulled for failure to state reasons

  Jun 02, 2021

• Bulk of Perenco v. Ecuador award is upheld, but annulment committee finds fault with two discrete damages items

  May 29, 2021

• Three are in place to hear emissions trading claim against Canada

  Apr 28, 2021

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

  Apr 08, 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

• Creation of Giant Panda Park prompts treaty-based arbitration against China

  Jan 15, 2021

• Cacao producer threatens Peru with ICSID claim

  Nov 12, 2020

• Tribunal majority in Panamanian mining dispute finds treaty breaches, but awards only sunk costs to US investor

  Nov 09, 2020

• Analysis: Tribunal majority in Muszynianka v. Slovakia applied proportionality analysis to find that Slovakia’s constitutional amendment on water resources did not breach the Poland-Slovakia BIT; all three arbitrators found fault with certain administrative delays, but damages claim foundered due to lack of causation

  Oct 30, 2020

• Arbitrators bifurcate quantum proceedings in parallel Renco v. Peru arbitrations

  Oct 07, 2020

• Small hydro investors lay out their case in ICSID arbitration against Peru

  Sep 29, 2020

• Colombia round-up: A new notice of dispute, imminent public hearings, and an update on other arbitration-related developments regarding the state

  Sep 25, 2020

• Peru Round-Up: An update on arbitration threats and pending cases against the state

  Sep 15, 2020

• ICSID tribunal denies Colombia’s request for bifurcation of jurisdictional objections in high-altitude mining dispute

  Aug 12, 2020

• Christopher Greenwood is tapped to chair first ICSID arbitration against Norway

  Aug 10, 2020

• Austrian oil and gas company claims victory in environmental remediation dispute

  Aug 05, 2020

• As a second hearing in Gabriel Resources v. Romania approaches, the parties offer clarifications regarding the timing of the alleged breaches

  Aug 04, 2020

• Slovenia is put on notice of treaty-based claims in hydraulic fracturing dispute

  Jul 24, 2020

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

  Jul 22, 2020

• Bioethanol dispute with Panama lands at ICSID

  Jun 16, 2020

• Balkans Round-Up: An update on disputes against Albania, Bosnia, Greece, North Macedonia and Romania

  May 15, 2020

• ICSID tribunal finds Niko Resources liable for blowout of gas field in Bangladesh dispute

  May 04, 2020

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

  May 01, 2020

• Australian-owned miner initiates contract-based arbitration against the Dominican Republic

  Apr 04, 2020

• Three are in place to hear dispute over Peruvian hydroelectric power project

  Mar 09, 2020

• Colombia round-up: An update on 12 treaty-based disputes against the state

  Feb 28, 2020

• Analysis: In Gosling v. Mauritius, majority saw no treaty violation, stressing the absence of a right to build a real estate development on UNESCO world heritage site; Stanimir Alexandrov disagreed

  Feb 24, 2020

• Czech Republic is unable to overturn its (only) loss in a solar case, as Swiss Federal Tribunal declines to set aside 2017 award on jurisdiction and liability

  Feb 13, 2020

• Tribunal in place at Permanent Court of Arbitration to hear Renco’s latest bid to hold Peru liable over expropriation of environmentally-notorious metalworks

  Feb 12, 2020

• Italy faces another Energy Charter Treaty arbitration

  Jan 22, 2020

• Looking Back: In Aguas del Tunari v. Bolivia, Cochabamba “Water War” led to controversial arbitration; tribunal ruled on many important jurisdictional questions, including first ICSID amicus curiae request

  Jan 06, 2020

• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards

  Dec 30, 2019

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

  Dec 30, 2019

• [UPDATED] Uranium mining ban puts Sweden in cross-hairs of new investment treaty arbitration

  Nov 11, 2019

• A new bloc of German solar power investors in Spain turn to Energy Charter Treaty arbitration 

  Oct 07, 2019

• Ecuador seeks annulment of Perenco award

  Oct 06, 2019

• ANALYSIS: in quantum ruling, Perenco v. Ecuador tribunal awards damages for each breach independently, and relies on findings of independent expert to value Ecuador’s counterclaim for environmental remediation

  Sep 30, 2019

• Three are named to hear Galway Gold’s arbitration with Colombia; case is one of many to arise out of mining ban in high-altitude wetlands

  Sep 26, 2019

• UPDATED: As Vattenfall nuclear case sees new round of submissions, Germany faces another Energy Charter Treaty arbitration following modification of renewables incentives regime

  Sep 22, 2019

• Guatemala reveals its preliminary objections to Kappes’ mining arbitration under DR-CAFTA

  Sep 01, 2019

• Armenia allows Lydian’s gold mining project to proceed after company’s threat of investment treaty arbitration

  Aug 22, 2019

• Breaking: Spain ordered to pay Sol Es Badajoz GmbH 40+ million (EUR) in Energy Charter Treaty case heard by Donoghue, Williams and Sacerdoti

  Aug 01, 2019

• Revealed: reasons why Van Houtte, Beechey, and Landau saw no legitimate expectation to stabilization of Czech solar feed-in-tariffs; newly-seen award also deemed intra-EU objection untimely

  Jun 23, 2019

• Analysis: newly-divulged NextEra v. Spain decisions reveal fault lines between solar dispute tribunals on legitimate expectations derived from legislation and appropriateness of DCF valuation

  Jun 10, 2019

• Breaking: Spain ordered to pay 41.7 million in new ECT award, as tribunal of Binnie, Haigh and Veeder reject intra-EU objection and deem Spanish renewables legislation to be a specific obligation to investor; claimant 9Ren is subsidiary of US private equity fund First Reserve

  Jun 02, 2019

• Looking Back: In first award rendered in an Energy Charter Treaty arbitration, Nykomb v. Latvia tribunal found discrimination when state-owned electricity firm granted higher tariffs to locally-owned producers

  May 23, 2019

• Czech Republic prevails in four solar claims, as tribunal of Van Houtte, Landau and Beechey issue final awards

  May 16, 2019

• Setback for Spain, as judge refuses to consult European Court of Justice on question of Energy Charter Treaty’s applicability within the EU

  Apr 25, 2019

• Spain tries to remove tribunal chair in renewables case

  Apr 25, 2019

• Latest Colombia mining tribunal is finalized, with Andres Rigo Sureda in the chair of Red Eagle case

  Apr 23, 2019

• In RREEF v. Spain, dissenting arbitrator Robert Volterra finds ECT breaches beyond mere failure to provide a reasonable rate of return, and criticizes majority’s support for tribunal-appointed damages expert

  Apr 08, 2019

• Colombia put on notice of BIT arbitration by another mining company following recent rulings by Constitutional Court

  Mar 29, 2019

• US investor threatens NAFTA arbitration against Mexico over failure to provide environmental permit for mineral exploitation project

  Mar 25, 2019

• Australian mining investor settles with political risk insurer, as both team up to pursue arbitration against Thailand over gold mine closure

  Mar 18, 2019

• NextEra Energy is latest foreign investor to prevail in Energy Charter Treaty arbitration with Spain

  Mar 13, 2019

• Foreign miner files BIT notice in relation to Armenian mining project that has been blockaded by protestors

  Mar 11, 2019

• Spain round-up: new decisions are rendered in renewables cases and yet another investor claim is filed

  Feb 26, 2019

• Pierre Tercier tapped to chair Bulgarian renewables case

  Feb 25, 2019

• Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors’ bid for $400+ million in lost profits

  Feb 25, 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

• Australian mining company warns of BIT and ECT arbitration against Poland, citing environmental delays [UPDATED with more details]

  Feb 11, 2019

• In now-public Energy Charter Treaty award (Greentech v Italy), Park-chaired tribunal finds that Achmea ruling does not preclude tribunal’s jurisdiction, but Sacerdoti dissents on liability

  Jan 13, 2019

• An overview of our reporting from September-December 2018

  Jan 04, 2019

• Tribunal in place, with Alexandrov in chair, to hear ICC arbitration arising out of Caribbean wind farm

  Dec 20, 2018

• 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

• Herbert Kronke tapped by ICSID SG to chair latest Spain tribunal

  Dec 10, 2018

• Investigation: newly-unearthed ICC award analyses whether local community opposition to project is a political risk for which African state had pledged to indemnify investors

  Nov 30, 2018

• Canada hit with investment treaty arbitration from U.S. coal miner, relating to province of Alberta’s phasing out of coal-fired energy generation

  Nov 20, 2018

• Analysis: arbitrators in Greentech v. Spain award agree that Achmea ruling is not relevant to their jurisdiction, but ultimately disagree whether Spain is liable for breach of Energy Charter Treaty

  Nov 20, 2018

• Danish renewables firm wins Energy Charter Treaty case against Spain

  Nov 15, 2018

• Germany lodges request to disqualify all three arbitrators in Vattenfall nuclear arbitration

  Nov 14, 2018

• Serbia held liable at ICSID in case alleging failure to enforce environmental regulations

  Nov 10, 2018

• UNCITRAL Tribunal in place to hear Jamaican billionaire’s investment treaty claim against the Dominican Republic

  Oct 27, 2018

• ANALYSIS: In Kenya award, tribunal reads legality requirement into investment treaty and ICSID Convention, and dismisses claims based on mining license that was issued at eleventh hour before change in government

  Oct 24, 2018

• Kenya wins BIT arbitration, as Binnie-chaired tribunal finds that miner failed to comply with local environmental legislation requirement; separate corruption defence frowned on

  Oct 23, 2018

• In new ruling, a divided tribunal dismisses claims of Costa Rican and Dutch investors against Panama

  Oct 15, 2018

• Christopher Greenwood tapped by co-arbitrators to chair UNCITRAL investment treaty arbitration

  Oct 10, 2018

• ICSID tribunal decides that it does not have the power to stay the enforcement of its award while a supplementary decision request is pending

  Oct 01, 2018

• Analysis: In newly-rendered Aven v. Costa Rica award, arbitrators engage with CAFTA’s “dominant and effective nationality” requirement  

  Sep 21, 2018

• Analysis: Arbitrators delve into relationship between CAFTA’s investor protections and environmental provisions, and ultimately see no breach of the former

  Sep 21, 2018

• An update on eight investment arbitration claims against Canada

  Sep 20, 2018

• Arbitrators dismiss U.S. investors’ claims against Costa Rica, and find that state’s enforcement of its environmental laws was not in breach of CAFTA

  Sep 19, 2018

• Chevron v. Ecuador award analysis: tribunal considers final questions of jurisdiction and surveys evidence of how Ecuadorian environmental trial was (mis)conducted

  Sep 09, 2018

• Chevron v. Ecuador award analysis: unpacking the tribunal’s umbrella clause and denial of justice holdings

  Sep 09, 2018

• UPDATED: Ecuador is held liable in multi-billion dollar Chevron case for breaches of U.S. investment treaty

  Sep 07, 2018

• Challenge filed against Eduardo Zuleta as hearings loom

  Aug 10, 2018

• Czech Republic: updates on six pending investment treaty arbitrations

  Aug 01, 2018

• Natland v. Czech Republic (Part 1 of 2): Tribunal finds jurisdiction over claimants under three out of four treaties and declines to apply ECT’s tax carve-out to contested measure

  Jul 26, 2018

• Natland v. Czech Republic (Part 2 of 2): On the merits, tribunal finds stabilisation commitment in Czech legislation and breach of that commitment with introduction of Solar Levy

  Jul 26, 2018

• Spain faces two more Energy Charter Treaty claims at Stockholm Chamber of Commerce and ICSID

  Jul 19, 2018

• Antaris v. Czech Republic (Part 1): arbitrators find that Czech solar levy is not eligible for Energy Charter Treaty “tax measure” carve-out

  Jul 06, 2018

• Antaris v. Czech Republic (Part 2): on merits, tribunal finds that investment protection does not extend to “speculative” investors

  Jul 06, 2018

• Antaris v. Czech Republic (Part 3): Gary Born sees clearly guaranteed FiT payments and deplores use of “margin of appreciation” doctrine

  Jul 06, 2018