Yves Fortier - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Yves Fortier
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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 -
Looking Back: At jurisdictional stage, BIVAC v. Paraguay tribunal saw no prima facie expropriation; umbrella clause claim was deemed to be inadmissible due to forum selection clause
Apr 10, 2023 -
FIL-based tribunal declines jurisdiction over telecoms dispute with Kosovo
Apr 07, 2023 -
ICSID tribunal disqualifies Norway’s quantum adviser from snow crab arbitration due to a conflict of interests, but refuses to take “drastic step” of removing counsel
Mar 17, 2023 -
ICSID tribunal issues split ruling in construction dispute with the United Arab Emirates
Dec 28, 2022 -
ICSID tribunal declines jurisdiction over claim arising out of failed Turkey coup
Dec 08, 2022 -
PCA tribunal awards over 105 million USD in compensation for breach of Barbados-Venezuela BIT
Nov 16, 2022 -
Experienced tribunal is in place to hear repeat mining claim in under-the-radar treaty arbitration
Oct 06, 2022 -
Looking Back: Tribunal in Occidental v. Ecuador rejected provisional measures request, finding that claim for specific performance did not qualify as a right to be protected
Aug 20, 2022 -
Foreign investors with long-standing dispute turn anew to arbitration against Venezuela – this time under ICSID’s Additional Facility Rules
Jul 28, 2022 -
ICSID tribunal upholds Norway’s second request for bifurcation of quantum issues
Jan 05, 2022 -
Poland announces that UNCITRAL tribunal has dismissed bulk of compensation claim in mining arbitration
Jan 03, 2022 -
Looking Back: Arbitrators in InterTrade v. Czech Republic delved into principles of attribution to the state – with the tribunal splitting on governmental authority analysis
Jul 30, 2021 -
Farmers file to enforce ICSID award against Zimbabwe, while the state struggles to pay compensation for land expropriations
Jul 26, 2021 -
Kosovo Round-Up: One case is discontinued, details surface about several pending arbitrations, and further updates
Jul 22, 2021 -
Serbia files for annulment of still-confidential investment fund award
Jul 14, 2021 -
North Star v. Norway tribunal rejects request for bifurcation of quantum issues as premature
Jun 18, 2021 -
Uncovered: Littop v. Ukraine ECT tribunal recognizes “unclean hands” principle and declines jurisdiction over 6 billion USD case after finding that the investment was tainted by corruption; denial of benefits objection is also upheld
May 30, 2021 -
Looking Back: On jurisdiction, tribunals hearing trifecta of Yukos cases deemed the ECT provisionally applicable in its entirety despite Russia’s lack of ratification
May 21, 2021 -
Kosovo Round-Up: A new case, new tribunals, and updates to ongoing arbitration disputes
Apr 16, 2021 -
Looking Back: Tribunal in Georgia’s first known BIT case grappled with the ECT’s provisional application, and examined an alleged failure to comply with local law
Apr 16, 2021 -
Looking Back: OKO Pankki v. Estonia solidified legitimate expectations as central to FET, found a continuing breach by the state, and reinforced awards of compound interest in investment treaty arbitration
Mar 09, 2021 -
Analysis: Tomka-chaired tribunal finds violation of non-impairment standard, but dismisses remaining claims arising out of Venezuelan oil and gas investment
Feb 24, 2021 -
Discriminatory distribution of dividends is found to breach non-impairment standard in long-running dispute over Venezuelan oil investment; remaining claims are dismissed
Feb 19, 2021 -
Looking Back: Tribunal in Champion Trading v. Egypt ruled that dual nationals cannot take their home state to ICSID arbitration, but may bring claims through a foreign company under their control
Feb 11, 2021 -
Ukraine claims victory in 6 billion USD SCC case
Feb 05, 2021 -
Looking Back: In Fraport v. Philippines (1), a tribunal majority declined jurisdiction after deciding that an airport concession investment had been made in violation of local law
Jan 27, 2021 -
Tribunal’s ruling on redaction of request for arbitration reveals debate about “business confidential information”, and leads to disclosure of amount ($400 mil) behind Norway’s fisheries arbitration
Jan 18, 2021 -
Parties settle long-running arbitration against Uzbekistan
Dec 14, 2020 -
[Updated] Libya announces successful set-aside of 450 million EUR award, as French court finds underlying settlement tainted by corruption
Nov 18, 2020 -
As Norway’s first ICSID arbitration gets underway, arbitrators dismiss claimants’ unorthodox early bifurcation request, and set out approach to transparency
Nov 03, 2020 -
Breaking: Vodafone prevails in treaty-based arbitration against India
Sep 25, 2020 -
[Updated] Details regarding first ICSID arbitration against Norway come to light
Sep 08, 2020 -
Christopher Greenwood is tapped to chair first ICSID arbitration against Norway
Aug 10, 2020 -
Two cases are discontinued at ICSID following the parties’ settlements
May 29, 2020 -
Analysis: In Ortiz v. Algeria, arbitrators offer in-depth analysis of the criteria for attributing acts of state-owned companies to the state; claims are dismissed on the merits
May 08, 2020 -
Award which rejected claims over taxation measures withstands annulment bid at ICSID
Apr 23, 2020 -
Tribunal in bitterly fought ICSID dispute sees no general duty of confidentiality, but orders that arbitral decisions should be treated as confidential in the future; security for costs decision surfaces
Apr 10, 2020 -
Local court enjoins UK-based company from funding ICSID arbitration
Mar 25, 2020 -
ANALYSIS: a closer look at the reasons why the Hague Court of Appeal dismissed all of Russia’s challenges to $50bn+ Yukos awards
Feb 19, 2020 -
REVEALED: the detailed reasons why arbitrators have ordered Turkey to suspend local criminal and civil proceedings running parallel to an ICSID case - but declined to block extradition requests
Feb 12, 2020 -
Dominique Hascher is tapped to chair Venezuela’s bid to annul +$8 billion (US) Conoco award
Feb 04, 2020 -
Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
Feb 03, 2020 -
Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region
Feb 03, 2020 -
Venezuela files for annulment of hefty ConocoPhillips award
Dec 18, 2019 -
An ICSID ad hoc committee is formed to hear Spain’s bid to annul NextEra Energy award
Dec 17, 2019 -
Analysis: reasons revealed as to why an ad hoc committee has upheld restrictive reading of ICSID denunciation provisions; citing lack of stare decisis doctrine, committee sees no basis to annul award that diverged from others
Nov 27, 2019 -
ICSID ad hoc committee upholds 2017 award which had declined jurisdiction due to Venezuela’s denunciation of the ICSID Convention
Nov 25, 2019 -
Analysis: In Besserglik v. Mozambique, arbitrators found insufficient evidence that the Mozambique-South Africa BIT ever entered into force
Nov 19, 2019 -
Mozambique prevails in two investment treaty arbitrations in a week
Oct 30, 2019 -
Hanotiau-chaired tribunal issues another order on provisional measures in long-running Tunisia case
Oct 21, 2019 -
Arbitrators rule on provisional measures, enjoining claimant from pursuing asset-freezing efforts before arbitration concludes
Oct 17, 2019 -
West Africa investor arbitration round-up: cases involving Ghana, Cameroon, Gabon, Sierra Leone and Cote d’Ivoire
Oct 11, 2019 -
As first annulment ruling looms in a Spanish renewables case, Spain seeks to set aside another: the hefty €290.6 million NextEra Energy award
Oct 02, 2019 -
Five years after Veeder-chaired tribunal declined jurisdiction over National Gas’ claims against Egypt, its parent company, CTIP Oil & Gas, has filed for arbitration
Sep 17, 2019 -
UPDATED: Tribunal agrees to correct errors in Conoco v. Venezuela award, thus stripping $227 million off of $8.3 billion previously awarded
Aug 30, 2019 -
Looking Back: In Soufraki v. UAE, Fortier-chaired tribunal makes its own inquiry into the claimant’s professed nationality; at annulment stage, committee members diverged on fate of award
Jul 16, 2019 -
Analysis: newly-divulged NextEra v. Spain decisions reveal fault lines between solar dispute tribunals on legitimate expectations derived from legislation and appropriateness of DCF valuation
Jun 10, 2019 -
Spain suffers its biggest solar power loss yet, as NextEra tribunal awards compensation of 290+ million Euros
Jun 04, 2019 -
ICC Tribunal finds in favour of energy consortium in billion dollar tax dispute with Philippines
Apr 25, 2019 -
NextEra Energy is latest foreign investor to prevail in Energy Charter Treaty arbitration with Spain
Mar 13, 2019 -
ConocoPhillips v. Venezuela award (analysis 1 of 2): tribunal considers contractual liability caps and supports ex-post valuation at date of award
Mar 11, 2019 -
ConocoPhillips v. Venezuela award (analysis 2 of 2): tribunal rules on questions of evidence, discount rate, and costs
Mar 11, 2019 -
English High Court of Justice rejects investor’s request for extension to challenge UNCITRAL BIT award
Feb 27, 2019 -
ANALYSIS: $2.7 billion award by Fortier and Brower surfaces as a result of Nigerian efforts to block enforcement; ruling in favor of Shell and Exxon entities touched on constitutional questions, as well as tax stabilization
Feb 15, 2019 -
After jurisdictional loss, government revises its local investment legislation so as to remove offer of international arbitration
Feb 05, 2019 -
An overview of our reporting from September-December 2018
Jan 04, 2019 -
ANALYSIS: In Mera v. Serbia jurisdictional decision, tribunal clarifies meaning of “corporate seat” and pointedly disagrees with majority in CEAC v. Montenegro case
Dec 04, 2018 -
Segesser-chaired tribunal upholds jurisdiction over Serbia, finding that claimant has seat in Cyprus and that protecting round-tripped investment is not contrary to object and purpose of ICSID Convention
Dec 03, 2018 -
Analysis: in its review of von Pezold and Border Timber v. Zimbabwe awards, ad hoc committee rejects Zimbabwe's illegality and arbitrator impartiality complaints
Nov 23, 2018 -
Annulment committee weighs in with verdict on Zimbabwe awards
Nov 22, 2018 -
UP and CD v. Hungary: On damages, arbitrators decline to apply a legal risk premium, citing the claimants’ successful lobbying to fend off early regulatory risk
Oct 12, 2018 -
Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
Oct 11, 2018 -
UP and C.D. v. Hungary: On the merits, tribunal finds expropriation of the claimants’ investment and awards 23 million EUR plus interest
Oct 11, 2018 -
ICSID Tribunal parts company with arbitrators in another case under same treaty and allows MFN clause to be used to bypass a narrow investor-state arbitration clause
Oct 11, 2018 -
Arbitrators are in place for Ipek's claim that Turkey unlawfully seized its businesses
Sep 28, 2018 -
Foreign investor asks arbitrators to enjoin Philippines Supreme Court proceedings
Sep 03, 2018 -
An update on investment treaty disputes involving the Government of India
Aug 23, 2018 -
Newly-surfaced A11Y v. Czech Republic decisions reveal Fortier-chaired tribunal's reasoning on unusual umbrella clause, cooling-off periods and veil-piercing - as well as tribunal disagreements on application of MFN and objective criteria for investment
Jul 26, 2018 -
In new Grot v. Moldova award, Philippe Sands-chaired tribunal finds expropriation, but damages for Moldovan breach of U.S. bilateral investment treaty are limited
Jul 02, 2018 -
Czech Republic prevails in UNCITRAL claim for alleged expropriation of visual impairment aids business
Jul 01, 2018 -
Looking Back (1 of 2): UPS v. Canada case sparked ‘continuing conduct’ and time-bar controversies, and considered whether competition rules are contained in customary minimum standard
Jun 19, 2018 -
Looking Back (2 of 2): At merits phase, UPS v. Canada tribunal split on discrimination, procurement and cultural industries exception
Jun 19, 2018 -
Libya round-up: In new award, tribunal orders €18.2m for expropriation and other treaty violations; hefty consent award in earlier-reported BIT case is also finalized; State agency reveals success in a third arbitration
May 31, 2018 -
Investors hope to undo arbitral victory for Jordan in fight over tax on proceeds of asset-sale
May 02, 2018 -
As ICSID process grinds on, ICC tribunal weighs in with ruling under contract and orders PDVSA to pay ConocoPhillips $2 billion for breach of oil contracts
Apr 25, 2018 -
Three are named to hear investor's bid to overturn jurisdictional loss in Fabrica de Vidrios and Owens-Illinois v. Venezuela case
Apr 24, 2018 -
Venezuela updates: a new tribunal is set to hear second attempt by Venoklim; and notable award hinging on ICSID denunciation is now up for annulment
Mar 20, 2018 -
Libya round-up: state reports success in ICC arbitration with scandal-plagued Brazilian contractor; French investor's BIT claim is roiled by Libya's insistence that a purported settlement was not made by proper authorities
Feb 25, 2018 -
Looking Back: in Loewen v. USA case, arbitrators saw $500 million Mississippi jury trial as a “disgrace” and a “miscarriage of justice” but ultimately did not hold USA liable for breach of NAFTA
Feb 14, 2018 -
English court orders security for costs against claimants in set-aside proceedings funded by Burford Capital, but declines security over still-unpaid adverse costs order in underlying arbitration
Feb 12, 2018 -
As damages phase gets underway in ABCI v. Tunisia, we review decision where majority found jurisdiction under Tunisian foreign investment law, but not under BIT
Jan 24, 2018 -
US investor says it resorted to third-party funding due to state's non-payment of advances; at hearings, parties spar over an investor's need to use local courts before turning to BIT arbitration
Jan 18, 2018 -
Alghanim v. Jordan Part One: At provisional measures phase, arbitrators disagree whether Jordan should be enjoined from enforcing tax debt – but later agree to dismiss all jurisdictional objections
Dec 28, 2017 -
Alghanim v. Jordan Part Two: At merits, tribunal gives deference to the findings of domestic courts, even if this means disregarding independent evidence of a breach; tax on goodwill part of a share sale is deemed valid under domestic law
Dec 28, 2017 -
Yves Fortier is tapped to chair BIT claim by BM Mühendislik ve İnşaat A.Ş. against United Arab Emirates
Dec 22, 2017 -
Tribunals weigh in with rulings in Alghanim v. Jordan and Bridgestone v. Panama arbitrations, with one concluded and the other to continue
Dec 15, 2017 -
Analysis: What have we learned from the first wave of post-denunciation ICSID claims against Venezuela – and why do investors keep suing Venezuela there?
Nov 30, 2017 -
ANALYSIS: unpacking the tribunal’s interpretation of Venezuela’s denunciation of the ICSID Convention in the Fabrica de Vidrios case
Nov 15, 2017 -
In a jurisprudential departure, Shin-Fortier-Douglas decline jurisdiction and reject theory that investor could accept BIT consent to arbitration after Venezuela notified its denunciation of ICSID Convention
Nov 14, 2017 -
India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
Nov 01, 2017 -
Newly-uncovered majority decision upholds jurisdiction against Cote d’Ivoire, after debating whether claimants validly consented to ICSID arbitration under domestic investment law
Oct 12, 2017 -
Looking Back: Fortier-chaired tribunal in Santa Elena v. Costa Rica found environmental objectives irrelevant to compensation under international law
Sep 17, 2017 -
Egypt round-up: a new investment treaty claim by Future Pipe International B.V. lands at ICSID, as at least seven other arbitrations moved forward
Aug 27, 2017 -
In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties - but no payment or restitution was forthcoming
Aug 27, 2017 -
Looking Back: Vivendi v. Argentina saga explored the relation between contract and treaty claims
Jul 05, 2017 -
UPDATED: Against backdrop of threatened BIT arbitration, Paris Court of Appeal confirms release of Russian space agency assets that had been frozen by Yukos claimants
Jun 27, 2017 -
Tribunal is finalized for latest Algeria BIT arbitration, with Laurent Levy selected as chair
Jun 23, 2017 -
Balkans round-up: New claims, new tribunals and new developments in Serbia, Bosnia, and Croatia
May 24, 2017 -
Venezuela hires private investigator to examine ties of Yves Fortier's secretary to his former law firm, but again fails to make out its case for disqualification
May 09, 2017 -
Looking Back: Turkey’s first ICSID case ends with FET breach for failure to create stable and predictable legal framework for PSEG, but compensation is limited to amount invested
May 03, 2017 -
Looking Back: Saluka v. Czech Republic tribunal considered jurisdiction over counterclaims, and declined to hold claimant accountable for alleged misdeeds of parent company
Apr 03, 2017 -
Looking Back: At merits phase, Saluka v. Czech Republic discusses the role of regulatory powers in establishing expropriation and FET breaches
Apr 03, 2017 -
Overview: Kazakh investors clear jurisdictional hurdles in dispute with Uzbekistan, although further illegality issue looms at merits phase
Mar 13, 2017 -
In new ruling, arbitrators split as to whether alleged fraud by claimants should deprive tribunal of jurisdiction
Mar 13, 2017 -
The President's Daughter: arbitrators acknowledge that investor's alleged “over-payment” was intended for Gulnara Karimova but don't see proof that she was an Uzbek government official at the relevant time
Mar 13, 2017 -
Arbitrators dismiss jurisdictional objections to BIT claim by Kazakh investors against Uzbekistan, including objection alleging corrupt payments
Mar 10, 2017 -
In new Egypt ruling, disproportionate contract termination and failure to prevent pipeline attacks underpin Fortier-chaired tribunal’s findings of BIT breach
Feb 28, 2017 -
Looking Back: Eureko v. Poland case triggered early debates over role of domestic law in investment arbitration, and grappled with contract-treaty distinction
Feb 27, 2017 -
Narrow investor-state clause bars investor (A11Y Ltd.) from pursuing FET claim vs Czech Republic, but intra-EU BIT objection is rejected and expro claim will go forward
Feb 14, 2017 -
In new decision, ConocoPhillips tribunal rules on Venezuela's plea - bolstered by WikiLeaks cables - that it had offered market-value compensation for taking
Jan 18, 2017 -
In final award, arbitrators see reasons not to shift costs onto Renco in its dispute with Peru
Nov 11, 2016 -
President of ICJ nominates chair for Vodafone v. India arbitration - and then rejects India's effort to disqualify the nominee
Nov 02, 2016 -
Tribunal notes: Philippe Sands chosen as replacement arbitrator in Uzbek case, and Zachary Douglas is tapped to chair a case under domestic investment statute
Oct 31, 2016 -
In contractual ICSID case, Standard Chartered Bank Hong Kong v. TANESCO, arbitral tribunal finds that it has power to re-evaluate its earlier decision due to respondent’s omission of key facts
Oct 02, 2016 -
A pair of under-the-radar investment treaty arbitrations move forward after loss of Eastern European mining rights: Copper Miedzi and Darley Energy claims against Poland
Sep 20, 2016 -
Co-arbitrators, Zachary Douglas and Hi-Taek Shin, again reject a challenge to Yves Fortier and order costs against Venezuela
Sep 19, 2016 -
Stockholm Chamber selects Julian Lew to chair $5 billion Energy Charter Treaty claim
Sep 14, 2016 -
Fortier-chaired UNCITRAL tribunal dismisses BIT claim by former Iraqi government minister against Pakistan
Sep 04, 2016 -
Majority of Tomka and Fortier allow investor to use an MFN clause to pursue UNCITRAL arbitration against Venezuela
Aug 14, 2016 -
Investor secures disqualification of Argentine arbitrator Gabriel Bottini in UNCITRAL BIT arbitration
Aug 14, 2016 -
After obtaining a jurisdictional victory in 2013, investor later concedes that Pakistani investment treaty is not in force and drops its arbitration
Aug 11, 2016 -
Philippe Sands to chair case brought under US-Moldova BIT
Jul 29, 2016 -
Another challenge to Yves Fortier in ConocoPhillips case is rejected - this time on eve of hearings - but co-arbitrators decline to order costs against Venezuela
Jul 26, 2016 -
Shell files investment treaty claim against the Philippines
Jul 20, 2016 -
ANALYSIS: an investor's defective waiver of other litigation can't be cured without state's consent, but belated nature of objection raises question marks
Jul 20, 2016 -
Peru obtains dismissal of Renco claim; waiver requirements in U.S. trade and investment treaties continue to loom large
Jul 18, 2016 -
As first of two sets of hearings loom in Conoco-Venezuela BIT case, parties prepare to air multiple arguments that could affect subsequent damages calculations
Jul 04, 2016 -
Arbitrators allow investor to cure a "crystalised" abuse of process by choosing to drop one of two sets of parallel BIT arbitration claims
May 29, 2016 -
ANALYSIS: BIT tribunal lays out investor-friendly reading of U.S. investment treaty's denial of benefits provision; sees no scope for retrospective effect
May 29, 2016 -
The Czech Republic: updates on fifteen investment treaty disputes
May 24, 2016 -
Dutch court sets aside US$50 billion Yukos award, criticising tribunal for accepting provisional application of Energy Charter Treaty to Russia
Apr 20, 2016 -
Co-arbitrators deem latest challenge to Fortier as "wholly without merit" and order Venezuela to bear costs
Apr 13, 2016 -
UPDATED: Conoco v. Venezuela ICSID case stalls again as chairman Kenneth Keith resigns, and appears in danger of being eclipsed by parallel ICC arbitration
Mar 23, 2016 -
Second Challenge to Yves Fortier in Fábrica de Vidrios v Venezuela arbitration is rejected by his peers
Mar 23, 2016 -
Co-arbitrators reject Venezuela's fifth effort to disqualify Yves Fortier in Conoco case, as similar bid remains afoot in another Venezuela case
Mar 15, 2016 -
An update on three investment treaty claims against Hungary
Feb 24, 2016 -
Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages
Feb 10, 2016 -
Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law
Feb 10, 2016 -
Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation
Feb 10, 2016 -
Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival
Feb 10, 2016 -
Part 5 of 5: Tribunal's damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment
Feb 10, 2016 -
In-depth: Conoco majority restates its prior reasoning on powers to reconsider, while dissenter finds that post-award remedies available to Venezuela are not viable
Feb 10, 2016 -
Majority of tribunal once again disavows authority to reconsider pivotal 2013 expropriation ruling in Conoco v. Venezuela arbitration
Feb 09, 2016 -
INVESTIGATION: Syria held liable for investment treaty breach after authorities seized bank guarantee for a project that was derailed by conflict and sanctions
Feb 01, 2016 -
U.S. investors in overseas cotton venture pursue a new arbitration against Egypt
Feb 01, 2016 -
Tribunal is finalized for tax-related BIT dispute between Cairn Energy PLC and Government of India
Jan 20, 2016 -
Venezuela fails in record fourth bid to unseat Yves Fortier in Conoco v. Venezuela arbitration
Dec 16, 2015 -
Fernandez-Armesto-chaired ICC tribunal finds $2 billion damages in Egyptian gas case, with other claims - including treaty cases - still pending
Dec 07, 2015 -
Arbitrator disqualifications: Updates on challenges to Yves Fortier, Bernard Hanotiau and Teresa Cheng - and an early challenge to Brigitte Stern
Dec 01, 2015 -
Zimbabwe moves to annul arbitral awards rendered in favour of expropriated Swiss & German investors; separate $25+ million award still unpaid
Nov 04, 2015 -
Battling $50 billion Yukos awards on two fronts, Russia focuses on claimants’ alleged fraud and linguistic analysis of tribunal assistant’s alleged role in drafting awards
Nov 03, 2015 -
Arbitrator selection under way in $5 billion Energy Charter Treaty claim at Stockholm Chamber
Oct 08, 2015 -
Summer Recap: Catching up on recent developments in the investment treaty arbitration sphere
Sep 10, 2015 -
At upcoming hearing, Renco and Peru will debate extent to which domestic litigation must be waived - and by whom
Aug 24, 2015 -
With new ConocoPhillips tribunal in place, Venezuela asks ICSID arbitrators to reconsider previous decision on reconsideration
Aug 12, 2015 -
Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
Aug 10, 2015 -
Arbitrators stand by their earlier finding that Peru's waiver objection should be heard on a preliminary basis in Renco v. Peru case
Jul 12, 2015 -
World Bank President dismisses Venezuela's latest challenge to arbitrators in Conoco case
Jul 01, 2015 -
ICSID rejects a challenge to Yves Fortier in the Fábrica de Vidrios and Owens-Illinois case
Jun 19, 2015 -
Renco and Peru continue to argue over preliminary objections, and tribunal announces that it will also hear a waiver objection
Jun 17, 2015 -
Conoco v. Venezuela arbitration is suspended to deal with an arbitrator-challenge, and then a dizzying range of actions ensue
Jun 09, 2015 -
As jurisdictional decision surfaces in Mongolia case, light is shed on reading of local investment statute and Energy Charter umbrella clause
May 15, 2015 -
Fortier, Hanotiau and Williams reject Mongolia's attempt to deny ECT benefits to a Canadian-controlled Dutch shell company
May 15, 2015 -
A look inside the liability and damages holdings in the Khan Resources v. Mongolia uranium arbitration
May 12, 2015 -
More setbacks in slow-moving Conoco-Venezuela arbitration, as dissenting arbitrator makes his views known - and then heads for exit
Mar 05, 2015 -
Venezuela resurrects earlier concern in latest bid to disqualify Conoco's arbitrator in high-stakes oil nationalization fight
Mar 05, 2015 -
In-Depth: Reviewing Russia’s arguments for setting aside $50 billion Yukos awards
Mar 05, 2015 -
In new award, Mongolia ordered to pay $80 million plus interest and costs to Canadian uranium miner
Mar 02, 2015 -
Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
Feb 24, 2015 -
Southern Africa: updates on Lesotho, Swaziland, Mozambique and Zimbabwe investment disputes
Feb 04, 2015 -
Spain round-up: Even as European Commission throws up red flags, two new claims land at ICSID, and tribunal members are finalized in another
Jan 27, 2015 -
In Renco v. Peru case, arbitrators clarify which types of preliminary objections fall under a little-tested provision of U.S. investment treaties
Dec 21, 2014 -
INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
Dec 11, 2014 -
Arbitrators want to hear from US Government on treaty interpretation issue that has spurred sharply-divergent interpetations
Aug 07, 2014 -
JURISDICTION: arbitrators say tax exemption not self-judging, and referral by Yukos to local authorities would be futile; legality duty on investors proves toothless due to identity-change
Jul 31, 2014 -
LIABILITY: in Yukos arbitration, tribunal dwells on disproportionate nature of measures, and sees no need to look at FET claim
Jul 31, 2014 -
DAMAGES: In Yukos arbitration, ECT tribunal rejected DCF valuation, and opts for "comparable companies" method
Jul 31, 2014 -
Russia ordered to pay US$50 bil to former Yukos majority shareholders; as in Oxy case, Fortier-chaired tribunal reduces damages due to investor's misbehaviour
Jul 28, 2014 -
Renco accuses Peru of seeking two bites of the apple, by raising a host of objections under little-used but often-present U.S. treaty clause
Jul 28, 2014 -
ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
Jul 15, 2014 -
Venezuela's bid to disqualify arbitrators in ConocoPhillips ICSID case is rejected; meanwhile, ICC tribunal rules in separate claim by PDVSA
May 06, 2014 -
Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue
Apr 22, 2014 -
As tribunal declines jurisdiction due to lack of foreign control of ICSID claimant, dispute over underlying Cairo arbitral award is not over
Apr 09, 2014 -
ANALYSIS: Investor's memorial in Renco v. Peru UNCITRAL arbitration offers updated arguments on merits and remedies sought
Mar 26, 2014 -
Arbitrators in Conoco v. Venezuela case split as to their power to "reconsider" earlier decision on liability
Mar 11, 2014 -
Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms
Dec 24, 2013 -
As more arguments are exchanged by Conoco and Venezuela, amount of damages in arbitration could hinge on whether tribunal will reconsider a key holding
Dec 12, 2013 -
Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation
Nov 01, 2013 -
Uzbekistan update: Arbitrators weigh in with final award in claim under investment treaty and local legislation; tribunal ready for claim by Kazakhs
Oct 18, 2013 -
In a ray of light for Venezuela, arbitrators will hear further arguments as to “power” to reconsider recent finding of bad faith in Conoco case
Oct 07, 2013 -
Annulment committee in Pey v. Chile case clarifies applicable interest rates but can't supplement earlier ruling
Sep 14, 2013 -
Conoco’s restructuring of Venezuela assets for BIT protection is OK; legally “decisive” date of income tax hike is its entry into force, not date of enactment
Sep 05, 2013 -
In Conoco-Venezuela merits ruling, arbitrators rule that tax hikes can’t be challenged as “unfair” or weighed as part of looming valuation for expropriation
Sep 05, 2013 -
BREAKING: ICSID tribunal holds Venezuela liable for failing to negotiate in good faith on basis of fair market value for taking of ConocoPhillips assets
Sep 04, 2013 -
ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals
Jul 07, 2013 -
Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
Apr 25, 2013 -
Tribunal is finalized to hear Renco v. Peru arbitration arising out of controversial La Oroya facility
Apr 23, 2013 -
Jurisdiction is upheld in claim by logistics company, Agility Warehousing, against Pakistan
Feb 28, 2013 -
Korean professor to chair second dispute over Owens-Illinois investments in Venezuela; ICSID Secretariat continues to tap new arbitrators from East Asia
Feb 21, 2013 -
Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen
Feb 06, 2013 -
With partial annulment of Pey Casado v. Chile award, the door opens again for further arguments in ICSID’s longest-running case
Dec 21, 2012 -
Former Iraqi Minister initiates treaty claims against Pakistan, but government is slow to respond; at least three other arbitrations afoot
Dec 21, 2012 -
Non-payment of debts not a breach of ‘fair and equitable treatment’, but claimant can pursue collection in Paraguayan courts under tribunal’s supervision
Oct 22, 2012 -
UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
Oct 22, 2012 -
After UNCITRAL BIT arbitration clears jurisdictional hurdle, Ukraine agrees to settlement of an investment treaty claim (Laskaridis v. Ukraine)
Oct 12, 2012 -
Liability ruling in Oxy v. Ecuador arbitration puts spotlight on need for states to mete out treatment that is proportionate
Oct 09, 2012 -
Damages analysis in Oxy v. Ecuador award takes a detour into legality of controversial windfall energy measure
Oct 09, 2012 -
Dissent by Brigitte Stern offers possible blueprint for Ecuador’s bid to annul several holdings in Occidental award
Oct 09, 2012 -
Ecuador must pay $1.76 billion US to Occidental for expropriation of oil investment; largest award ever in bilateral investment treaty case at ICSID
Oct 05, 2012 -
Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner)
Jul 26, 2012 -
Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings
Jun 27, 2012 -
Effort by Zimbabwe to conduct spot-inspection of claimants’ documents is reportedly thwarted by arbitral tribunal’s order
Jun 19, 2012 -
In new arbitral award, Fortier, Stern and Alvarez diverge with respect to German investor’s claims against Czech Republic
Jun 11, 2012 -
ICSID arbitrators decline bid by Venezuela to disqualify third member of tribunal in oil nationalization dispute
Mar 05, 2012 -
Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
Jan 13, 2012 -
Arbitrator, Yves Fortier, is challenged by Venezuela following announcement of law firm merger
Nov 14, 2011 -
Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan
Sep 27, 2011 -
Majority opinion in ICSID bondholders claim has broader lessons for defaulting sovereigns, fractured tribunals, shareholder groupings, and would-be claimants needing help getting ICSID claims registered
Aug 19, 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 -
Fraport files new claim at ICSID over expropriation of airport terminal project; Annulment committee ruling paved way for new hearing by finding breach of investor's right to be heard
Mar 31, 2011 -
ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
Mar 31, 2011 -
Canadian mining investor makes good on earlier-threatened arbitration against Mongolia
Jan 13, 2011 -
Arbitrators selected to resolve latest Zimbabwe expropriation claim
Dec 16, 2010 -
Georgian authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia
Oct 15, 2010 -
Tribunal orders Jordan to halt local court proceedings and allow commercial arbitration of dispute
May 26, 2010 -
New Books and Articles on Investment Treaty Law: May to December 2009
Jan 16, 2010 -
Tribunal constituted in ad-hoc arbitration between German forestry company and Czech Republic
Aug 06, 2009 -
Tribunal in Bureau Veritas v. Paraguay upholds broad potential reading of umbrella clause, but courts must weigh in
Jun 09, 2009 -
UNCITRAL arbitration between Greek shipping company Laskaridis and Ukraine quietly moves forward
Feb 10, 2009 -
Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
Jan 22, 2009 -
Claimant thwarted at ICSID pursues contract-based arbitration at Dubai International Arbitration Center
Jan 22, 2009 -
ANALYSIS: Tribunal grapples with the meaning and extent of tax stabilization in Duke v. Peru contract arbitration
Aug 26, 2008 -
ICSID tribunal awards $18.4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected
Aug 26, 2008