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Damage Determinations

Recent articles

Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence May 15, 2013

ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation May 10, 2013

Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages May 7, 2013

LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye Apr 30, 2013

In response to government request, tribunal orders that outside contributors to expert damages reports should appear for cross-examination Mar 26, 2013

Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award Feb 6, 2013

Damages analysis in Oxy v. Ecuador award takes a detour into legality of controversial windfall energy measure Oct 9, 2012

Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award Oct 9, 2012

Parties to Guatemalan railway dispute joust over the need for tribunal to revise damages figures in CAFTA arbitral award Sep 19, 2012

Newly disclosed award in Kyrgyzstan arbitration saw finding of judicial expropriation, and a review of valuation approaches Jul 19, 2012

Another ICSID loss for Argentina, as arbitrators award 136 Million to jilted investors in electricity concession; with interest, award exceeds 202 Million Jul 17, 2012

ANALYSIS: CAFTA tribunal adopts earlier NAFTA tribunal’s reading of minimum standard; damages conditioned on investor’s handing back keys to railway Jul 1, 2012

Ulysseas v. Ecuador award discusses discriminatory & arbitrary treatment, “temporary” expropriation, and lease-model for damages calculation Jun 18, 2012

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

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