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Recent articles

  Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award
Feb 6, 2013
  Arbitrators hold that contract wording – and claim pending thereunder – may narrow claims eligible for arbitration under Republic of Guinea’s Foreign Investment Law
Feb 6, 2013
  ICSID Arbitrators rule that Spanish investors in Argentine airline complied with pre-arbitration procedural requirements in bilateral investment treaty
Dec 27, 2012
  Buergenthal (and Alvarez) stand behind Maffezini approach to MFN clause in latest case to arise under Spain-Argentina BIT
Dec 27, 2012
  Arbitrators in Argentine airline case wave off jurisdictional objections rooted in third-party funding of case and alleged illegality
Dec 27, 2012
  In lead-up to election, Republic of Georgia lost one investor arbitration, and settled another
Nov 11, 2012
  U.S. election result gives new life to multi-billion Dollar NAFTA Chapter 11 arbitration against Canada
Nov 11, 2012
  Parties to Guatemalan railway dispute joust over the need for tribunal to revise damages figures in CAFTA arbitral award
Sep 19, 2012
  Arbitrators weigh disqualification of Venezuela’s damages expert, but decide his earlier contacts with claimant don’t warrant it
Sep 16, 2012
  Noose tightens on Thailand as Swiss Court declines to set aside a still-unpaid 2009 BIT award
Sep 2, 2012
  Toll highway concessionaire puts pressure on Dominican Republic to pay $42.5 million ICC arbitration award
Aug 20, 2012
  Full reasons come to light for ICSID's decision to reject effort by Guinea to disqualify arbitrator
Jul 17, 2012
  Challenge to Bernardo Cremades in Guinea arbitration is declined by Chairman of ICSID Administrative Council
Jul 3, 2012
  First investor-state arbitration filed under CAFTA results in award against Guatemala
Jul 1, 2012
  ANALYSIS: CAFTA tribunal adopts earlier NAFTA tribunal’s reading of minimum standard; damages conditioned on investor’s handing back keys to railway
Jul 1, 2012
  Kuwaiti investor may restart discontinued ICSID claim labeled ‘duplicative’ by parallel ICC tribunal
Apr 30, 2012
  BVI company argues that ad hoc arbitral award from dispute with state-owned port agency can be confirmed against African state (Liberia)
Mar 28, 2012
  Ethiopia prevailed in face of foreign investor’s attempt to use investment treaty to sue over ICC arbitral award
Mar 4, 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
  Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute
Nov 22, 2011
  Parties to Guatemalan railway arbitration joust over alleged extortion, financial viability of investment, and investor’s reliance on “ultra vires” contract
Nov 22, 2011
  Guatemalan railway arbitration sees legal debate as to administrative delays and due process requirements imposed by CAFTA
Nov 22, 2011
  ANALYSIS: State’s demand that compensation be conditioned upon return of property raises questions about authority of investment treaty tribunals
Nov 22, 2011
  ICSID claims round-up: cases against Turkey, Turkmenistan, The Philippines, and Guinea (Conakry) are registered
Nov 14, 2011
  Arbitration over Argentine road concession to proceed, but arbitrators disagree whether MFN clause permits investors to detour around local courts
Oct 26, 2011
  ICSID to prepare “background paper” on annulment process, following request by Philippines; German investor criticizes effort by Philippines
Oct 5, 2011
  Thailand comes out swinging in fight over non-payment of BIT arbitral award; government alleges that minority shareholder in highway project had contract obligation to not sue under treaty
Sep 29, 2011
  Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration
Sep 7, 2011
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
Aug 19, 2011
  New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
Aug 4, 2011
  Court confirms arbitral award rendered under Germany-Thailand investment treaty
May 3, 2011
  Mexico found liable for termination of vehicle registry program; allegations that registry director was Argentine war criminal overshadowed case, but were not central to treaty arbitrations
Apr 21, 2011
  ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
Mar 30, 2011
  ANALYSIS: Arbitrators in Malicorp v Egypt discuss definition of investment and investor conduct; tribunal warns that BIT arbitration should not be used to detour around contractual forums
Mar 9, 2011
  Czech Republic prevails in arbitration with Canadian investor who complained of Czech officialdom’s handling of his dispute with local business partner
Dec 16, 2010
  ANALYSIS 1: interpretive approach in Czech-Canada BIT case driven by “arbitral practice”; legal security obligation not a “relative” one?
Dec 16, 2010
  ANALYSIS 2: Application of treaty to facts yields no breaches by Czech Republic in FPS case; arbitrators will review local court’s enforcement of arbitral awards
Dec 16, 2010
  Human Rights Court holds Hungary in violation of right to private life; Case highlights States’ responsibilities to police environmental effects of business activity
Dec 16, 2010
  Thailand asks Court to dismiss investor’s efforts to confirm and enforce $40 Million BIT award; government says arbitrators erred in permitting arbitration
Nov 4, 2010
  In unpublished ICSID annulment decision upholding railway consortium victory over Republic of Gabon, committee discussed complex issues of nationality and control
Nov 4, 2010
  Italian construction company settles toll highway dispute with Argentina
Sep 15, 2010
  Tribunals selected in one Peru case, as another materializes; arbitrators chosen in Tidewater v.Venezuela case
Sep 15, 2010
  Tribunal finds that railway company’s dispute with Guatemala arose after CAFTA entered into force and is arbitrable
Jun 27, 2010
  Arbitral award surfaces in airline dispute under Austria-Slovakia bilateral investment treaty
May 26, 2010
  ANALYSIS: Tribunal in Slovak case splits on investor’s use of Most-Favoured Nation clause to secure wider scope for arbitration
May 26, 2010
  Hefty award against Gabon will stand in aftermath of failed rail privatization
May 26, 2010
  Jurisdictional ruling issued in Germany-Ukraine BIT case
May 7, 2010
  Investor seeks to collect on BIT award following Thailand’s failure to pay
Apr 22, 2010
  Non-disputing CAFTA state intervenes in Guatemala arbitration to present arguments
Apr 22, 2010
  As new case lands at ICSID, and several more loom, Bolivia turns up the heat on arbitral system
Apr 22, 2010
  Airport construction investors see claim against Ecuador registered
Jan 17, 2010
  Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile
Jan 17, 2010
  Slovak Republic prevails in UNCITRAL claim with Austrian investor; treaty contained narrowly-cast jurisdictional clause
Oct 30, 2009
  ANALYSIS: Slow Gov't decision-making, on environment & approvals, a breach of treaty obligations to foreign investors?
Sep 19, 2009
  Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project
Sep 19, 2009
  Gabon challenges arbitrator on basis of his chairing previous arbitration
Sep 2, 2009
  FREE: Jordan faces claim from jilted investors in light railway
Aug 6, 2009
  Investor in Guatemala railway dispute outlines details of CAFTA claim
Jul 17, 2009
  Tribunals constituted in ICSID claims against Gabon, Senegal, and Georgia
Jun 29, 2009
  Tribunal constituted to hear Malicorp v. Egypt case at ICSID; earlier contract arbitration may loom in case
Jun 9, 2009
 
more articles >>
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