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You are here: Home » News and Analysis » Energy Disputes

Energy Disputes

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Recent articles

  Albania fends off one claim - by Sky Petroleum - but now faces an investment treaty arbitration by Czech company CEZ
  Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute
  Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
  Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus
  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
  Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages
  East Timor launches arbitration against Australia, as separate tax dispute with U.S. investor plays out at Singapore International Arbitration Centre
  Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case
  Cambodia defeats claims over power plant, and wins $5.6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities
  NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
  Peru defeats $100 million ICSID contract claims of electricity concessionaire
  In response to government request, tribunal orders that outside contributors to expert damages reports should appear for cross-examination
  As hearings loom, US/UK investors not obliged to post security in BIT arbitration; Bolivia frets about claimants’ reliance on “third-party funding”
  ICSID Annulment Committee selected to hear Argentina’s bid to annul $200 million arbitral award in EDF electricity dispute
  ICSID tribunal rules that Tidewater did not restructure Venezuelan assets in an abusive fashion; however, some claims are beyond tribunal’s jurisdiction
  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
  Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
  ICSID Tribunals selected in Dan Cake v. Hungary and Sudapet v. South Sudan arbitrations
  Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
  Three panelists named to decide fate of billion dollar arbitral award from Occidental v. Ecuador case
  ICC picks chairman to preside over investment treaty claim by Russian energy investor, Gazprom
  Major new wrinkle in long-running enforcement battle as award against Laos is reportedly vacated in Malaysian Court
  In Ecuador arbitration, Francisco Orrego Vicuna takes broad view of umbrella clauses, and defends position taken in CMS v. Argentina case
  Arbitrators selected to hear billion-dollar treaty claim by Vattenfall arising out of Germany’s phase-out of nuclear power generation
  Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington
  Majority of Kaufmann-Kohler and Stern reject claim that Ecuador’s windfall profits tax is an expropriation of Burlington’s investment
  ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated
  ANALYSIS: Measures other than outright termination of power purchase agreement fail to rise to level of treaty breaches by Hungary in Electrabel arbitration
  Canada sees second environmental dispute in recent months as wind-power investor threatens NAFTA arbitration
  UK Court orders Republic of Laos to post $70 million while legal fight continues over unpaid arbitral award
  Mobil v Canada award sets high bar for NAFTA Art 1105 breach, and offers reading of performance requirements rules
  Tribunal in Mobil and Murphy v. Canada case diverges on meaning of NAFTA reservations provisions
  Canada threatened with quarter billion dollar NAFTA claim over cancelled permits for gas fracking ventures
  New arbitration threat looms for Spain as legislature debates new measures affecting solar-thermal energy
  ICSID tribunal offers split verdict in $60 million Deutsche Bank v. Sri Lanka oil hedging controversy
  Arbitrators offer final verdict on treaty-based claim by UK-based Standard Chartered against Tanzania
  Tullow oil company takes Ugandan claims to ICSID
  Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan
  New York Court declines to bar Bank of America subsidiary from pursuing (again) confirmation of CMS v. Argentina award
  Liability ruling in Oxy v. Ecuador arbitration puts spotlight on need for states to mete out treatment that is proportionate
  Damages analysis in Oxy v. Ecuador award takes a detour into legality of controversial windfall energy measure
  Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award
  Ecuador must pay $1.76 billion US to Occidental for expropriation of oil investment; largest award ever in bilateral investment treaty case at ICSID
  ConocoPhillips wins one and loses one in ICC fight with Venezuelan state oil company
  Lithuanian investor asks for ICSID to play hands-on role at outset of new arbitration against Latvia
  Romania faces new arbitrations at ICSID over steel plant, and at ICC in unrelated environmental dispute
  Cases Closed: ICSID Claims against Senegal and Argentina suspended; Bulgarian case is dropped due to investor’s lack of funding
  Sudapet remains silent as to reasons for ICSID claim against South Sudan
  Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award
  Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
  Arbitrators frown on Spanish investor’s characterization of dispute over Guatemala electricity tariffs as an investment treaty matter
  ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court
  Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner)
  Another ICSID loss for Argentina, as arbitrators award 136 Million to jilted investors in electricity concession; with interest, award exceeds 202 Million
  AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
  Will eight arbitrators be enough to draw a line under U.S. oil company’s windfall levy dispute with Ecuador?
  ANALYSIS: Choice of BIT arbitration over contractual remedies fails to pay off in Ulysseas v. Ecuador case; stabilization clause also hurts case
  Ulysseas v. Ecuador award discusses discriminatory & arbitrary treatment, “temporary” expropriation, and lease-model for damages calculation
  Czech solar arbitrations set to proceed, as Constitutional Court upholds retroactive levy
  Another disappointment for Elliott Associates, as Ecuador defeats $56 Million investment treaty claim
 
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