Environmental Disputes

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Recent articles

  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
  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
  Arbitrators in Chevron case agree to convert interim measures ruling into interim award; hearings slated for mid-February
  Arbitral tribunal calls for hearings to discuss what Ecuador should do to help block enforcement of $18 Billion environmental judgment against Chevron
  European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland
  Swedish energy company reportedly planning new ICSID arbitration over German nuclear phase-out
  Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference
  Investor in waste management project in Mexico puts government on notice of treaty breaches
  Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
  Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
  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
  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
  A discussion of the Chevron-Ecuador dispute with Michael Goldhaber of the American Lawyer magazine
  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
  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
  Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom
  Bulgaria sued over cancelled waste contract
  Tribunal declines interim measures request of investor; claimant pursuing arbitration arising out of Kyoto Protocol emission reduction project
  Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
  Arbitrators nix bid to hold government liable for treaty breaches due to phase-out of toxic chemical
  ICSID Docket Round-Up: New Claim against Venezuela; Tribunals appointed in Mexico and Grenada cases; Cases against Yemen and Romania are discontinued
  Parties announce settlement of dispute over German power plant
  Water extraction claim dries up in absence of funds; claimant ordered to cover half of state’s expenses in UNCITRAL arbitration
  Czech Republic continued to argue in 2009 pleadings that intra-EU BITs are terminated by virtue of accession to European Union
  Chevron requests interim measures in arbitration with Ecuador
  Chevron wins first of two arbitrations with Ecuador