Energy Disputes

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  Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice
  Italy put on notice of treaty claim arising out of economic austerity
  Heritage Oil v Uganda tax arbitration heads to jurisdictional hearings
  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
  Wire reports: new arbitrations loom for Algeria, India and Argentina
  Settlement round-Up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization
  Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack
  New ICSID Claims: Gas investors file against new Slovak Gov't; more claims for Equatorial Guinea and Turkmenistan
  Bid by U.S. oil company to claim that Ecuador’s 2006 windfall levy breaches investment treaty continues slow, torturous path to arbitration
  ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Ecuador case?
  ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?
  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
  ICSID arbitrators decline bid by Venezuela to disqualify third member of tribunal in oil nationalization dispute
  Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
  Domestic court draws on investment treaty in ordering Albania to contractual arbitration with foreign investor
  Venezuelan exit from ICSID raises questions both legal and financial
  NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released
  Arbitrators in Chevron case agree to convert interim measures ruling into interim award; hearings slated for mid-February
  Newly-published award finds Argentina treated El Paso Corporation “unfairly”, but arbitrators take state-friendly reading of some investment treaty protections
  ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of “creeping” unfair treatment
  El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages
  ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense reflects wider chasm; role of “state practice” in treaty interpretation also studied
  U.S. Court tears up $185+ Million award due to failure of arbitrators to respect treaty’s call for 18 months of local litigation in Argentina
  Arbitral award in El Paso v. Argentina ICSID arbitration now available for download
  Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Arbitral tribunal calls for hearings to discuss what Ecuador should do to help block enforcement of $18 Billion environmental judgment against Chevron
  Exxon subsidiary awarded $907 Million in ICC arbitration with Venezuelan state oil company; ICSID case still pending
  Payment Round-Up: New reporting on ICSID award debts of Kazakhstan, Kyrgyzstan and Bangladesh