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Filtered : Telecoms Disputes

• Politically-charged arbitration against Georgia concludes with Award

  Apr 19, 2024

• Telecoms case against Papua New Guinea is discontinued following settlement

  Apr 17, 2024

• US court enforces Deutsche Telekom v. India award, finding that FSIA’s arbitrability exception applies; India is not entitled to separate proceedings to air its merits defenses

  Mar 28, 2024

• Revealed: Tribunal is in place to hear under-the-radar treaty claim against Myanmar

  Mar 12, 2024

• Paris Court of Appeal allows US assignees of CC/Devas v. India (1) award to intervene in enforcement proceedings

  Feb 21, 2024

• ICSID ad hoc committee majority partially annuls Agility v. Iraq award, finding that tribunal failed to exercise jurisdiction and state reasons in dismissing claim on the merits

  Feb 12, 2024

• US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position

  Feb 07, 2024

• Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law

  Jan 12, 2024

• Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court

  Dec 15, 2023

• Norwegian telecoms investor puts Chile on notice of treaty dispute

  Dec 15, 2023

• Analysis: ICSID tribunal rejects Colombia’s request for security for costs, seeing no risk of non-compliance due to assignment of claims to new entity

  Dec 05, 2023

• Chilean court grants interim measures in view of potential ICSID arbitration over 5G project

  Nov 24, 2023

• Huawei does not rule out arbitration claim against Costa Rica over 5G ban

  Nov 22, 2023

• Revealed: Telecoms company lodges treaty arbitration against Myanmar

  Nov 13, 2023

• Australian court grants India leave to appeal decision that rejected the state’s sovereign immunity defence in CC/Devas v. India enforcement proceedings

  Nov 13, 2023

• Telecoms joint-venture reports loss in arbitration against Thai state-owned operator

  Nov 02, 2023

• Analysis: Dutch court dismisses India’s application to set aside CC/Devas v. India quantum award, finding that res judicata effect of previous Dutch court decision addressing fraud allegations prevents India from relying on Indian Supreme Court judgment

  Oct 26, 2023

• Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits

  Oct 26, 2023

• Dutch court dismisses application for set-aside of Devas v. India quantum award

  Oct 25, 2023

• Australian court declines India’s attempt to invoke sovereign immunities in action for enforcement of Devas v. India treaty award

  Oct 24, 2023

• ICSID tribunal declines to order security for costs in telecoms arbitration against Colombia

  Sep 28, 2023

• [Updated] ICSID tribunal splits over telecoms claim against Madagascar

  Aug 30, 2023

• Swiss Federal Tribunal dismisses South Sudan’s application for set-aside of telecoms award

  Aug 30, 2023

• Mexican telecommunications company lodges ICSID claim against Peru

  Aug 24, 2023

• ICSID tribunal orders Huawei to disclose mobile network operator contracts

  Aug 24, 2023

• The UK and Belgium dismiss requests for disclosure of treaty-based notices of dispute

  Aug 07, 2023

• US Court of Appeals reverses enforcement of Devas v. Antrix ICC award

  Aug 02, 2023

• Analysis: Elliott v. South Korea tribunal finds that respondent’s undue interference with corporate merger to benefit local grandees related to the claimant’s investment, and awards 53.6 million USD in damages

  Jul 24, 2023

• Dutch court declares request for enforcement of Devas-Antrix ICC award inadmissible

  Jul 20, 2023

• Analysis: Tribunal hearing bitterly-fought Ipek v. Turkey dispute examines if contractual rights qualify as BIT-protected investments, and ultimately dismisses the case based on an abuse of process; previously unseen procedural decisions come to light

  Jul 06, 2023

• Three are in place to hear re-filed telecom claims against Costa Rica

  Jun 23, 2023

• [Updated] South Korea is held liable for treaty breach in arbitration dispute over Samsung-Cheil merger

  Jun 20, 2023

• [Updated with Award] Revealed: Tribunal rejects telecom claims against Turkmenistan on the merits, finding that state authorities had full discretion not to renew framework agreement

  Jun 19, 2023

• Analysis: ICSID tribunal rejects Sweden’s bifurcation request in Huawei dispute

  Jun 01, 2023

• Revealed: ICC tribunal in Blerim Devolli v. Kosovo declines jurisdiction under foreign investment law, seeing insufficient evidence of a foreign contribution of value and finding that the claimant does not qualify as a foreign national

  May 23, 2023

• Tribunal in CC/Devas v. India (2) issues Interim Award on provisional measures, as India seeks to halt the arbitration through Mauritian courts

  May 19, 2023

• Singapore court confirms enforcement of 93.3 million USD Deutsche Telekom v. India award, rejecting India’s fraud allegations

  May 11, 2023

• Identity of tribunal hearing under-the-radar arbitration against India is revealed

  May 01, 2023

• Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

  Apr 20, 2023

• Analysis: ICC tribunal finds that Iraqi partners in Korek committed “fraud on a massive scale”, leading to the expropriation of Agility’s and Orange’s investment

  Apr 20, 2023

• Identity of claimant in recent treaty arbitration against Albania comes to light

  Apr 19, 2023

• Looking Back: In Cable TV v. St. Kitts and Nevis, a contract-based tribunal analyzed the nature of constituent subdivisions and agencies, ultimately deciding that the state had not consented to ICSID jurisdiction

  Apr 19, 2023

• FIL-based tribunal declines jurisdiction over telecoms dispute with Kosovo

  Apr 07, 2023

• Analysis: Swiss Federal Tribunal decides that revision proceedings are not available against Interim Award that withstood set-aside request, while finding that request for revision of Final Award is time-barred and not based on new evidence

  Apr 07, 2023

• Swiss Federal Tribunal declines India’s request to revise Deutsche Telekom awards

  Apr 06, 2023

• Analysis: Global Telecom Holding v. Canada award withstands annulment bids by both parties, as ICSID ad hoc committee sees no reason to annul either the tribunal’s decision to uphold jurisdiction over national security review mechanism, or the ultimate dismissal of GTH’s claims

  Apr 03, 2023

• [Updated with a copy of the Award] UAE-based Agility claims victory in commercial telecoms arbitration involving corruption allegations – as related ICSID cases continue to unfold

  Mar 21, 2023

• Dutch Supreme Court dismisses India’s bid to set-aside CC/Devas treaty award

  Feb 03, 2023

• [Updated] African state is involved in billion-dollar telecoms arbitration; local media cited minister for 1 billion USD loss, but source tells IAReporter that case is still ongoing

  Jan 23, 2023

• Latvia could face treaty claim over telecoms dispute

  Jan 23, 2023

• [Updated] Peru’s Supreme Court fines Spanish-owned telecoms company in income tax dispute, giving rise to speculations about an additional ICSID claim

  Jan 19, 2023

• Peru claims victory in treaty dispute with television broadcaster

  Jan 12, 2023

• Three are in place to hear telecoms arbitration under China-Saudi Arabia BIT

  Jan 10, 2023

• Canadian court dismisses India’s sovereign immunity defence in Devas (1) enforcement proceedings – opining that fraud allegations are irrelevant at this stage

  Jan 09, 2023

• Analysis: ICSID AF tribunal hearing Mexican satellite dispute rejects jurisdictional objection based on argument that through a “mirror act”, investor sought a repetition of contested measures to gain access to treaty arbitration; claims are dismissed on the merits

  Dec 27, 2022

• Analysis: ICC tribunals find that Peruvian ministry wrongfully terminated telecom contracts, resulting in damages for US-owned claimant

  Dec 15, 2022

• Awards surface in contract-based telecoms arbitrations against Peruvian ministry

  Dec 05, 2022

• An ICSID tribunal is constituted to hear contract-based telecoms claim against Papua New Guinea

  Nov 01, 2022

• CIS Round-Up: Russian court deems arbitration clauses unenforceable against sanctioned entities, new cases, concluded disputes, and an ECtHR ruling

  Oct 06, 2022

• Eduardo Zuleta is tapped to chair second treaty arbitration between Devas’ shareholders and India

  Oct 06, 2022

• [Updated with a copy of the Decision] ICSID ad hoc committee dismisses both parties’ bids to annul award in telecoms dispute with Canada

  Oct 03, 2022

• India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee

  Sep 06, 2022

• Delhi High Court sets aside billion-dollar Devas-Antrix satellite award based on “patent illegality”, while related treaty claim remains ongoing

  Aug 29, 2022

• Reasons surface for ICSID tribunal’s decision to recommend some (but reject other) provisional measures in Georgia telecoms dispute

  Aug 22, 2022

• Chinese investor lodges BIT arbitration against Saudi Arabia

  Jul 27, 2022

• Singaporean telecoms company lodges ICSID claim against Papua New Guinea, after being involved in 100 million USD tax dispute with local authorities

  Jul 07, 2022

• Brazil Round-Up: Telecoms arbitrations are getting underway, Brazil and several state-owned entities are involved in security cases arising from Lavo Jato corruption scandal, and an update on other ongoing and past arbitrations

  Jul 06, 2022

• ICSID tribunal orders provisional measures in telecoms case

  Jun 20, 2022

• ICSID tribunal finds that pre-ISDS inter-state negotiation requirement is jurisdictional in nature, but merely entails notification obligation for the claimant

  Jun 18, 2022

• Gabrielle Kaufmann-Kohler is tapped to chair Huawei’s ICSID claim against Sweden

  Jun 09, 2022

• Telecoms arbitration against Costa Rica is discontinued

  Mar 04, 2022

• Canadian court dismisses investor’s bid to set aside Mexican telecoms award, seeing no breach of due process

  Feb 24, 2022

• Kosovo’s state-owned telecoms operator is ordered to pay damages in contract-based arbitration; parallel FIL-based case remains pending

  Feb 24, 2022

• Indonesia is reportedly ordered to pay damages to British and Hungarian satellite operators

  Feb 23, 2022

• Three are in place to hear telecoms claim against Morocco

  Feb 08, 2022

• Three are in place to hear Cambodia’s first known treaty arbitration

  Feb 04, 2022

• India Round-Up: New notices of dispute, a new treaty arbitration, India is urged to update its model BIT, and Supreme Court confirms liquidation of Devas while efforts to enforce related treaty awards are ongoing

  Feb 02, 2022

• Devas shareholders file new treaty arbitration against India, alleging that the state has engaged in an “audacious scheme” to avoid payment of billion-dollar ICC award in Devas-Antrix dispute

  Feb 02, 2022

• [Updated with new document] China’s Huawei lodges ICSID arbitration against Sweden over 5G ban

  Jan 24, 2022

• Qatar and Saudi Arabia agree to suspend proceedings before the WTO’s Appellate Body

  Jan 10, 2022

• Analysis: Hydro v. Albania tribunal upheld jurisdiction over multiparty claim, found that Albania had expropriated a media venture through a politically-motivated campaign, and awarded 100 million EUR in damages

  Dec 30, 2021

• Arbitrators comings and goings: Two resignations and one appointment

  Dec 21, 2021

• After fending off one telecoms arbitration, Kyrgyzstan settles another

  Nov 18, 2021

• [Updated with a copy of the award] UNCITRAL tribunal upholds jurisdiction over investment law-based telecoms case, but finds that corrupt practices render the claims inadmissible

  Nov 12, 2021

• Parties in multi-faceted post-award satellite dispute discuss whether BIT contains a forum selection clause reserving enforcement jurisdiction to the courts of the host state

  Oct 20, 2021

• UNCITRAL tribunal finds that FIL-based claims against Kyrgyzstan are inadmissible

  Oct 11, 2021

• ICSID ad hoc committee is in place to review Iraqi telecoms award

  Sep 23, 2021

• Turkey prevails on jurisdiction in media arbitration arising out of failed 2016 coup

  Sep 22, 2021

• French telecoms investor lodges ICSID claim against Morocco

  Sep 20, 2021

• Mexico claims victory in satellite arbitration

  Sep 17, 2021

• Telecom award against Guinea survives set-aside in Paris

  Sep 08, 2021

• Cambodia is facing its first known treaty-based arbitration, as Chinese telecom investors lodge ICSID claim

  Sep 03, 2021

• Details surface regarding provisional measures request in Georgia telecoms arbitration

  Aug 10, 2021

• Central America Round-Up: A notice of dispute, a new tribunal, and other arbitration-related developments

  Jul 28, 2021

• Kosovo Round-Up: One case is discontinued, details surface about several pending arbitrations, and further updates

  Jul 22, 2021

• Three are named to hear telecoms claim against Iraq

  Jul 14, 2021

• Mexico Round-Up: Two settlements, a new claim, and an update on various other arbitration proceedings

  Jul 08, 2021

• Turkey Round-Up: Istanbul Canal project prompts political debate focusing on potential arbitration claims, an arbitration nearing an end, and an update on various other arbitration-related developments

  Jul 05, 2021

• Disappointed investor in Iraq’s telecoms sector files for annulment of ICSID award

  Jun 07, 2021

• Looking Back: Telefonica v. Argentina tribunal rejected jurisdictional objections based on derivative shareholder claims, forum selection clause, and local litigation requirement

  May 31, 2021