Investment Arbitration Reporter

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You are here: Home » News and Analysis » Damage Determinations Damage Determinations Recent articles   ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense reflects wider chasm; role of “state practice” in treaty interpretation also studied Jan 29, 2012   Threat of severe sanctions under Belize law exerting chill on debt-collection efforts of foreign investors in telecoms and airport projects Jan 4, 2012   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   Arbitral award in Argentine financial crisis case will stand; government obliged to pay modest sum to U.S. insurance company Sep 20, 2011   Final damages ruling comes in much lower than Chevron had hoped, but Ecuador still adamant that arbitrators overstepped their bounds in substituting for local courts Sep 2, 2011   While majority sees no treaty breach in many aspects of provincial regulators’ treatment of water concession, Charles Brower takes dimmer view of “political” motives and “gradual wearing-down” of project Jun 30, 2011   ANALYSIS: Arbitrators in Mexican concession dispute reject DCF and non-DCF valuation approaches in favour of award of lost chance Apr 26, 2011   Majority sets out its damages analysis of U.S. investor’s claim against Ukraine arising out of thwarted radio broadcasting investments Mar 30, 2011   Dissenting arbitrator in Ukraine case cautions against holding states liable to compensate losers of public tenders; expansive scope of fair and equitable treatment reading is criticized Mar 30, 2011   Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor’s product Mar 15, 2011   U.S. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued Mar 6, 2011   Arbitrators decline to order Tajikistan to compensate investor for unawarded licenses; in earlier ruling, panel had found state in breach of Energy Charter Treaty obligations Feb 1, 2011   DAMAGES: Russia enjoys success at damages phase in RosInvestCo case; arbitral ruling may have wider implications for claims speculation and political risk insurance Jan 13, 2011   ICSID Committee declines to annul large damages award in Kazakhstan case Mar 25, 2010   Damages awarded in one of three NAFTA sweetener arbitrations against Mexico Sep 2, 2009   Tribunal nixes effort by Turkey to obtain moral damages for intangible losses Aug 18, 2009   Will gold mine at centre of failed NAFTA expropriation claim have profitable future? Aug 6, 2009   Arbitrators rule that Thailand denied fair and equitable treatment to German construction firm Aug 6, 2009   Majority sides with claimants in Siag and Vecchi case, and awards $74.5 Million for Egyptian seizure of resort land Jun 9, 2009   ICSID tribunal holds that market value compensation is owed to evicted Dutch farmers - not a lesser amount Apr 23, 2009   UK electricity corp, National Grid, wins arbitration; Argentina's necessity defence rejected, but some consolation for Gov't Dec 17, 2008   Tribunal in Duke v. Ecuador finds breach of certain obligations under Power Purchase Agreements and US treaty Aug 26, 2008   ICSID tribunal awards $18.4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected Aug 26, 2008   ICSID tribunal in LG&E – Argentina case declines to add damages through “supplementary decision” process Aug 7, 2008   In an unusual outcome, Tanzania held to have violated treaty protections, but no damages flow to UK water company Jul 28, 2008   Award in ADM & TLIA v. Mexico finds discrimination & imposition of performance requirements, but no expropriation Jul 16, 2008   Czech Republic to pay Dutch firm Saluka $181 Million (US), plus 55 Million interest; contractual counter-claim withdrawn Jul 1, 2008   ICSID’s longest-running claim is resolved as newspaper owner prevails in dispute with Chile; Chile held liable for denial of justice for delay in remedying Pinochet-era expropriation May 16, 2008

What We Do Investment Arbitration Reporter is an electronic news service tracking cross-border arbitrations between foreign investors and their host governments. Our reports help a broad range of readers - including lawyers, academics, and government officials - stay abreast of the latest lawsuits and policy developments related to nationalizations, privatizations, and other regulatory disputes. Our service is renowned for its investigative focus, and we report regularly on international law developments that are otherwise not public. If you're not a subscriber, feel free to browse our headlines and other features. A few of our articles are free, but most require a subscription. Click here for more info. Sign up for email alerts Name Email Address Testimonials "An invaluable tool", Christoph Schreuer, University of Vienna, Prof of International Law (Ret.) "Reliable and impressively timely", Antonio Parra, former ICSID Deputy Secretary General "Unrivaled", Miyake Yasujiro, Japanese Ministry of Economy "Luke Peterson doesn't just cover arbitrations. He uncovers them.", Michael Goldhaber, The American Lawyer magazine Click to read more IAReporter in the News Toronto Globe and Mail, Oct. 11, 2011 Financial Times, August 11, 2011 Prague Post, June 8, 2011 Agence France Presse, Oct. 16, 2010 The Guardian (UK), Feb 5, 2010 Financial Times, June 23, 2009 The Economist, April 23, 2009