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Sanum Investments v. Laos (1)

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Case Details

Year of Filing: 2012

Case Status: Set Aside Concluded

Claimant(s): Sanum Investments

Respondent(s): Lao People's Democratic Republic

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: China-Laos BIT

Administrative Case Number: PCA Case No. 2013-13

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Sanum Investments v. Laos (1)

Laos files security for costs application in remaining casino arbitrations, relying on recent favorable awards in prior cases Sep 13, 2019
Analysis: in Lao Holdings v. Laos and Sanum v. Laos awards, arbitrators see bad faith conduct that should deprive claimants of treaty protection – but claims would fall short anyway Aug 8, 2019
China rejects latest Singapore court ruling on application of Chinese BITs to Macau Oct 24, 2016
Singapore appeals court restores arbitral finding that Chinese investment treaty extends to Macau Oct 2, 2016
Singapore Court rejects arbitrators’ extension of Chinese investment treaty to Macao Jan 20, 2015
On eve of annulment ruling in Chinese BIT case, Singapore High Court offers criticism of an ICSID ruling that had served as inspiration in UNCITRAL case Jan 20, 2015
Experts line up in China-Laos BIT set-aside case; Daniel Bethlehem doubts admissibility of post-decision diplomatic correspondence on treaty meaning Nov 4, 2014
China offers support to Laos, in latter’s bid to set aside arbitrators’ expansive reading of China-Laos BIT Jul 21, 2014
UNCITRAL arbitral tribunal, in unpublicized ruling, finds that Chinese BIT extends to Macao under “moving treaty frontiers” rule Jul 21, 2014
Arbitrators say China BIT allows them to determine if expropriation occurred, but MFN can’t be used to broaden jurisdiction further Jul 21, 2014
Laos can’t prove that tax dispute arose before investor became eligible for BIT protection; failure to raise “abuse of process” objection is missed opportunity Feb 23, 2014
Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos Apr 3, 2013
Laos has yet to pay $56 million arbitral debt, but new investors line up to sue; Chinese claimant says MFN clause circumvents narrow arbitration clause Aug 19, 2012