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Environmental Disputes

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Recent articles

  Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute
May 15, 2013
  Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
May 15, 2013
  In BIT arbitration, Ecuador weighs in with lengthy rebuttal of Chevron’s denial of justice claims
May 13, 2013
  ANALYSIS: Ecuador lays out its defence to other (non denial-of-justice) claims in pending treaty arbitration with Chevron
May 13, 2013
  NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
Apr 25, 2013
  Tribunal is finalized to hear Renco v. Peru arbitration arising out of controversial La Oroya facility
Apr 23, 2013
  ANALYSIS: As Ecuador is held in breach of order to block enforceability of Lago Agrio judgment, tribunal remains reticent as to why it sees harm to Chevron as irreparable
Feb 11, 2013
  Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
Jan 29, 2013
  Arbitrators selected to hear billion-dollar treaty claim by Vattenfall arising out of Germany’s phase-out of nuclear power generation
Jan 2, 2013
  Canada sees second environmental dispute in recent months as wind-power investor threatens NAFTA arbitration
Dec 2, 2012
  Canada threatened with quarter billion dollar NAFTA claim over cancelled permits for gas fracking ventures
Nov 14, 2012
  New arbitration threat looms for Spain as legislature debates new measures affecting solar-thermal energy
Nov 12, 2012
  ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case
Sep 22, 2012
  Arbitral tribunal selected to hear Canada’s bid to deny NAFTA benefits to U.S. company
Sep 19, 2012
  Romania faces new arbitrations at ICSID over steel plant, and at ICC in unrelated environmental dispute
Sep 9, 2012
  ANALYSIS: Umbrella clause and fair and equitable treatment claims founder in Unglaube v. Costa Rica eco-tourism case due to inability to show that state had made key promises
Jul 9, 2012
  ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment
Jul 9, 2012
  DAMAGES ANALYSIS: Arbitrators in Costa Rica case wrestle with how to compensate an unlawful expropriation when treaty is silent
Jul 9, 2012
  ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute
Jun 5, 2012
  ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’
Jun 4, 2012
  ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador
Jun 4, 2012
  Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute
Jun 3, 2012
  Germany is sued at ICSID by Swedish energy company in bid for compensation for losses arising out of nuclear phase-out
Jun 1, 2012
  Costa Rica held liable for breach of investment treaty in beach property expropriation cases, but avoids liability for broader claims
May 22, 2012
  Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects
May 21, 2012
  As Chevron finally plays the ‘denial of justice’ card in Ecuador dispute, arbitrators call for fast-tracking of some issues
Apr 19, 2012
  Jan Paulsson weighs into Chevron v. Ecuador arbitration with expert opinion on denial of justice
Apr 19, 2012
  Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant
Mar 26, 2012
  ANALYSIS: Chevron/Ecuador jurisdictional decision discusses issues of Ecuadorian law, third party rights, and “fork in the road” test
Mar 14, 2012
  Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene
Mar 14, 2012
  Arbitrators in Chevron case agree to convert interim measures ruling into interim award; hearings slated for mid-February
Jan 31, 2012
  Arbitral tribunal calls for hearings to discuss what Ecuador should do to help block enforcement of $18 Billion environmental judgment against Chevron
Jan 9, 2012
  European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland
Dec 31, 2011
  Swedish energy company reportedly planning new ICSID arbitration over German nuclear phase-out
Nov 2, 2011
  Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference
Oct 12, 2011
  Investor in waste management project in Mexico puts government on notice of treaty breaches
Sep 7, 2011
  Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
Sep 7, 2011
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
Aug 19, 2011
  Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
Jun 30, 2011
  Award embodying settlement of contentious coal-fired power plant dispute in Germany is published; Russia-Moldova investment arbitration award and arbitrator challenge ruling in OPIC Karimum v. Venezuela case also available online
Jun 9, 2011
  Dispute over pesticide phase-out ends ambiguously, with investor abandoning case, measures remaining in place, but Canadian province offering statement which may be brandished in other jurisdictions
Jun 9, 2011
  A discussion of the Chevron-Ecuador dispute with Michael Goldhaber of the American Lawyer magazine
May 17, 2011
  As Peruvian citizens sue U.S. mining investors for environmental harms, mining company makes good on threat of treaty arbitration in effort to indemnify against potential losses
May 17, 2011
  ANALYSIS: Renco’s treaty claims against Peru include indemnification and non-monetary relief requests that echo Chevron v Ecuador case; claim also has contentious jurisdictional and political angles
May 17, 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
  Bulgaria sued over cancelled waste contract
Feb 1, 2011
  Tribunal declines interim measures request of investor; claimant pursuing arbitration arising out of Kyoto Protocol emission reduction project
Oct 20, 2010
  Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
Sep 15, 2010
  Arbitrators nix bid to hold Canadian government liable for treaty breaches due to phase-out of toxic chemical
Aug 28, 2010
  ICSID Docket Round-Up: New Claim against Venezuela; Tribunals appointed in Mexico and Grenada cases; Cases against Yemen and Romania are discontinued
Aug 28, 2010
  Parties announce settlement of dispute over German power plant
Aug 28, 2010
  Water extraction claim dries up in absence of funds; claimant ordered to cover half of state’s expenses in UNCITRAL arbitration
Jun 16, 2010
  Czech Republic continued to argue in 2009 pleadings that intra-EU BITs are terminated by virtue of accession to European Union
Jun 16, 2010
  Chevron requests interim measures in arbitration with Ecuador
Apr 22, 2010
  Chevron wins first of two arbitrations with Ecuador
Mar 30, 2010
  Pacific Rim answers El Salvador’s preliminary objections in CAFTA mining claim
Mar 18, 2010
  Parties in Vattenfall v. Germany case suspend proceedings
Mar 18, 2010
  Appeal filed in effort to stay Chevron-Ecuador arbitration
Mar 18, 2010
  Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
Mar 18, 2010
  NY court dismisses Ecuador’s request for stay of Chevron arbitration; IAReporter reports from hearing
Mar 11, 2010
 
more articles >>
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