Transportation Disputes

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Recent articles

  Kuwaiti investor may restart discontinued ICSID claim labeled ‘duplicative’ by parallel ICC tribunal
  BVI company argues that ad hoc arbitral award from dispute with state-owned port agency can be confirmed against African state (Liberia)
  Ethiopia prevailed in face of foreign investor’s attempt to use investment treaty to sue over ICC arbitral award
  Threat of severe sanctions under Belize law exerting chill on debt-collection efforts of foreign investors in telecoms and airport projects
  Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute
  Parties to Guatemalan railway arbitration joust over alleged extortion, financial viability of investment, and investor’s reliance on “ultra vires” contract
  Guatemalan railway arbitration sees legal debate as to administrative delays and due process requirements imposed by CAFTA
  ANALYSIS: State’s demand that compensation be conditioned upon return of property raises questions about authority of investment treaty tribunals
  ICSID claims round-up: cases against Turkey, Turkmenistan, The Philippines, and Guinea (Conakry) are registered
  Arbitration over Argentine road concession to proceed, but arbitrators disagree whether MFN clause permits investors to detour around local courts
  ICSID to prepare “background paper” on annulment process, following request by Philippines; German investor criticizes effort by Philippines
  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
  Efforts to set-aside intra-EU BIT award likely to be abandoned, as government claims victory in arbitration
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
  New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
  Court confirms arbitral award rendered under Germany-Thailand investment treaty
  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
  ICSID panels convened in disputes over Uruguay’s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment
  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
  Czech Republic prevails in arbitration with Canadian investor who complained of Czech officialdom’s handling of his dispute with local business partner
  ANALYSIS 1: interpretive approach in Czech-Canada BIT case driven by “arbitral practice”; legal security obligation not a “relative” one?
  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
  Human Rights Court holds Hungary in violation of right to private life; Case highlights States’ responsibilities to police environmental effects of business activity
  Thailand asks Court to dismiss investor’s efforts to confirm and enforce $40 Million BIT award; government says arbitrators erred in permitting arbitration
  In unpublished ICSID annulment decision upholding railway consortium victory over Republic of Gabon, committee discussed complex issues of nationality and control
  Italian construction company settles toll highway dispute with Argentina
  Tribunals selected in one Peru case, as another materializes; arbitrators chosen in Tidewater v.Venezuela case
  Tribunal finds that railway company’s dispute with Guatemala arose after CAFTA entered into force and is arbitrable
  Arbitral award surfaces in airline dispute under Austria-Slovakia bilateral investment treaty
  ANALYSIS: Tribunal splits on investor’s use of Most-Favoured Nation clause to secure wider scope for arbitration