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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
  Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
  In BIT arbitration, Ecuador weighs in with lengthy rebuttal of Chevron’s denial of justice claims
  ANALYSIS: Ecuador lays out its defence to other (non denial-of-justice) claims in pending treaty arbitration with Chevron
  Lone Star claim against South Korea has an arbitral tribunal in place
  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
  Dismantling of Southern African Development Community Tribunal spawns UNCITRAL arbitration claim for denial of justice
  Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case
  Kazakh investors pursue arbitration against Uzbekistan for harm to investments in two cement companies
  Caribbean Court set to review Belizean court finding on invalidity of Belize’s arbitration law; enforcement of arbitral awards hangs in balance
  LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye
  Cambodia defeats claims over power plant, and wins $5.6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities
  In final UNCITRAL award, door left open for Greek company to bring another BIT claim against Serbia
  Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
  NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
  Mexico is found liable for breach of investment treaty in dispute with Spanish owners of waste management facility
  Peru defeats $100 million ICSID contract claims of electricity concessionaire
  Tribunal is finalized to hear Renco v. Peru arbitration arising out of controversial La Oroya facility
  Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v. Sri Lanka annulment
  India BIT claims round-up: As arbitrators are chosen in two cases, IAReporter investigates other claims, including by Russian Federation and Vodaphone
  Tribunals named in three bank nationalization claims vs. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement
  In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle
  Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov’t arbitrator after missed deadline, but India eventually complied
  Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.8 million damages bill
  In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter
  French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim
  After claims of human rights violation are borne out, businessman pursues ad-hoc investment treaty arbitration against Turkmenistan
  Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos
  Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v. Philippines arbitration
  Honduras seeks annulment of arbitral award rendered in 2012 in favour of Spanish construction company
  Arbitrators are selected to hear claim for expropriation of drinks factory in Guinea (Conakry)
  First arbitration against Cyprus is in motion, with waiting period running on $1 billion claim arising out of nationalization of major bank
  Investment treaty arbitration against Greece looms after foreign bank gives notice of dispute due to “discriminatory” bail-out
  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”
  Turkish investor in Oman puts government on notice of investment treaty arbitration
  After arbitrator disqualification process, ad-hoc tribunal to hear Spanish company’s investment treaty claims against Bolivia
  Victims of Stanford ponzi scheme threaten to arbitrate vs. United States under trade and investment treaties
  Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration
  Arbitrators in water privatization dispute dismiss all jurisdictional objections raised by Argentina in face of Spanish investors’ claims
  ICSID tribunal weighs in with unanimous reading of local litigation requirement found in Argentine bilateral investment treaty
  Tribunal dismisses - by thin margin - the first of several jurisdictional objections raised by Turkey in face of Dutch investor's treaty claim
  Investor’s nominee resigns in face of alleged “issue-conflict” challenge; Slovak Republic says BIT claim is an abuse of process
  Investor agrees to settle NAFTA claim against Canada; effort to build controversial quarry comes to an end as Province agrees to pay out 2/3rd of sums invested
  Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
  ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler’s challenge to Argentine verdict
  Jurisdiction is upheld in claim by logistics company, Agility Warehousing, against Pakistan
  First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases
  Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v. Venezuela arbitration
  Chair is named in high-stakes Ping An v. Belgium arbitration over Fortis Bank shareholding
  Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
  New Works On International Investment Law, December 2012 to February 2013
  Payment of awards update: new reporting on arbitral debts of the Dominican Republic and Mexico
  Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute
  On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention