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
