Gabrielle Kaufmann-Kohler - ARBITRATOR PROFILE AND APPOINTMENTS
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RECENT IAREPORTER COVERAGE ABOUT Gabrielle Kaufmann-Kohler
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Analysis: Second tribunal hearing coal dispute with Canada finds that NAFTA claims are time-barred, and that US-based claimant does not hold any “legacy investments” in the sense of the USMCA
Feb 06, 2025 -
Slovakia claims victory in ICSID arbitration brought by US-based oil & gas company
Jan 20, 2025 -
Gabrielle Kaufmann-Kohler is appointed as chair in UNCITRAL arbitration against Kazakhstan over alleged harassment campaign
Jan 07, 2025 -
Kaufmann-Kohler chaired tribunal declines jurisdiction over third arbitration against Canada stemming from Alberta’s coal phase-out
Dec 19, 2024 -
Enforcement of Crimean petrol stations award against Russia will go forward in the USA, despite pending proceedings in unrelated cases
Dec 13, 2024 -
Three are in place to hear fourth ICSID arbitration between Glencore and Colombia
Dec 13, 2024 -
Analysis: UNCITRAL tribunal agrees to suspend proceedings in view of Belarussian state-owned claimant’s struggle to meet advance on costs due to international sanctions
Nov 20, 2024 -
ICSID arbitrators comings and goings: Three are in place to hear gas distribution dispute with Peru, and two tribunals are reconstituted
Nov 15, 2024 -
Banking arbitration under China-Malta BIT proceeds to the next stage
Sep 26, 2024 -
Analysis: NAFTA tribunal accepts Mexico’s bifurcation request based on objections relying on waiver requirement and extension of NAFTA’s substantive protections in legacy investment claim under USMCA
Sep 19, 2024 -
[Updated] Gabrielle Kaufmann-Kohler is tapped to chair multi-billion-euro dispute pitting Belarussian state-owned entity against Lithuania
Sep 16, 2024 -
Public hearing to be held in mining dispute with Australia
Sep 03, 2024 -
[Updated with Order] Port concession arbitration against Albania is discontinued
Aug 15, 2024 -
ICSID tribunal in Huawei v. Sweden allows European Commission to intervene as non-disputing party through written submission addressing EU cybersecurity regulation, while rejecting request for broader participation
Jul 31, 2024 -
Analysis: UNCITRAL tribunal finds that local court decisions are not res judicata when ruling on Ghana’s compliance with domestic law; contract breach does not result in damages as no losses have been realised
Jul 10, 2024 -
Three are in place to hear ECT claims against Hungary
Jul 10, 2024 -
Dispute over offshore oil fields concludes with award that found contractual breach from Ghana, but awarded no damages
Jul 09, 2024 -
Uncovered: ICC tribunal rejects request for security for claim in shareholder dispute over African pipeline
Jul 09, 2024 -
Twin arbitrations against Egypt conclude with awards, dismissing gas supply investors’ claims
Jul 03, 2024 -
Uniper announces 13-billion-EUR win in arbitration dispute with Gazprom Export
Jun 12, 2024 -
Revealed: Kaufmann-Kohler tapped to chair ad hoc tribunal hearing Uniper’s and Metha’s multi-billion EUR claims against Gazprom Export
May 21, 2024 -
Qatar involved in OIC Treaty arbitration with Saudi firm
May 15, 2024 -
ICSID tribunal rejects bifurcation request, applying three-fold test codified in 2022 ICSID Arbitration Rules
Apr 17, 2024 -
UNCITRAL tribunal rules on transparency regime for mining arbitration against Australia
Mar 27, 2024 -
Azerbaijan and Iranian investor lay out very different stories in ongoing UNCITRAL case involving conduct by state’s ruling families
Mar 01, 2024 -
UNCITRAL tribunal hearing mining case against Australia fixes arbitration seat and rejects request for provisional measures
Jan 31, 2024 -
ICSID tribunal grants claimants’ request for supplementary decision, clarifying dies a quo for interest owed
Nov 16, 2023 -
Three are in place to hear billion-dollar NAFTA legacy claim against Mexico
Oct 23, 2023 -
[Updated] Canadian miner discloses completion of 30 million USD settlement with Tanzania in relation to ICSID dispute
Oct 16, 2023 -
Gabrielle Kaufmann-Kohler is tapped to chair oil and gas arbitration under Nigeria-South Korea BIT
Sep 09, 2023 -
Tribunals are revealed for billion-dollar mining arbitrations against Australia
Sep 08, 2023 -
ICSID tribunal orders Huawei to disclose mobile network operator contracts
Aug 24, 2023 -
Analysis: ICSID tribunal majority in Rand v. Serbia admits claim of beneficial owner, sees no implicit legality requirement in the BIT, and awards 14.5 million EUR plus interest; dissenter would have dismissed the claims
Aug 08, 2023 -
Uncovered: In previously unseen treaty award, panel of Gabrielle Kaufmann-Kohler, William Rowley and Gary Born unanimously decides to hear customary international law claims, but majority finds no breach on the merits
Jul 20, 2023 -
[Updated with a copy of the Award] Serbia is held liable in ICSID arbitration over agriculture venture
Jun 30, 2023 -
Gabrielle Kaufmann-Kohler is tapped to chair port arbitration against Albania
Jun 23, 2023 -
Analysis: ICSID tribunal rejects Sweden’s bifurcation request in Huawei dispute
Jun 01, 2023 -
ICSID tribunal dismisses BIT claim against Croatia in golf course dispute
May 24, 2023 -
Analysis: UNCITRAL tribunal hearing high-stakes dispute stemming from Banco Popular’s bankruptcy upholds jurisdiction over most claims (including claims by dual nationals), but finds that Spanish regulator’s actions were legitimate and reasonable in the circumstances, dismissing all claims on the merits
May 15, 2023 -
[Updated] Canada is involved in another NAFTA arbitration with Westmoreland Coal; UNCITRAL tribunal is already in place, with Gabrielle Kaufmann-Kohler sitting as chair
May 09, 2023 -
Looking Back: In Bayindir v. Pakistan jurisdictional decision, ICSID tribunal grappled with notification requirement, definition of investment, and the distinction between contract claims and treaty claims; request to stay treaty arbitration during pendency of parallel contract arbitration was dismissed
Mar 22, 2023 -
[Updated with a copy of the Award] Tribunal chaired by Gabrielle Kaufmann-Kohler dismisses treaty arbitration stemming from bankruptcy of major Spanish bank
Mar 15, 2023 -
ICSID tribunal hearing Tanzanian gold mining dispute declines to order state to honour advance on costs obligation
Feb 15, 2023 -
Familiar claimant lodges treaty case against Azerbaijan; Gabrielle Kaufmann-Kohler is tapped to chair the arbitration
Dec 27, 2022 -
Opaque banking arbitration against Malta features prominently in domestic court proceedings
Nov 18, 2022 -
Croatia claims victory in under-the-radar treaty arbitration
Nov 10, 2022 -
Investor moves to annul award issued in Peruvian highway arbitration
Nov 07, 2022 -
Gabrielle Kaufmann-Kohler is tapped to chair DR-CAFTA arbitration against the Dominican Republic
Nov 01, 2022 -
Gabrielle Kaufmann-Kohler is tapped to chair pharmaceutical claim against Iraq
Oct 25, 2022 -
Looking Back: Noble Energy v. Ecuador tribunal agreed to hear disputes based on three different legal instruments in one single proceeding
Aug 31, 2022 -
Latest award in investor dispute against Laos emerges, revealing decision by Gabrielle Kaufmann-Kohler-chaired tribunal to find (most) claims barred under collateral estoppel
Aug 08, 2022 -
Analysis: BSG v. Guinea tribunal finds that mining rights were procured through influence peddling and corruption, therefore declaring ICSID claim to be inadmissible
Jul 22, 2022 -
ICSID tribunal awards contract-based damages to subsidiary of Spanish construction company OHL, but Peru claims that compensation is a fraction of requested relief
Jul 04, 2022 -
Gabrielle Kaufmann-Kohler is tapped to chair Huawei’s ICSID claim against Sweden
Jun 09, 2022 -
Kaufmann-Kohler chaired tribunal dismisses Rule 41(5) objection in dispute under China-Malta BIT
May 24, 2022 -
Breaking: Guinea claims that Kaufmann-Kohler chaired tribunal dismissed blockbuster Simandou arbitration on grounds of corruption
May 20, 2022 -
Analysis: Stabil v. Russia tribunal attributes paramilitary actions to Russia, and awards 35 million USD on account of expropriation of Ukrainian petrol investments
Apr 12, 2022 -
Ukrainian investors file for enforcement of 35 million USD award against Russia
Apr 11, 2022 -
UNCITRAL tribunal finds that it was validly constituted under BIT – but not under the OIC Investment Agreement
Apr 08, 2022 -
Gabrielle Kaufmann-Kohler is tapped to chair oil & gas arbitration against Slovakia
Jan 31, 2022 -
SCC and ICSID tribunals are in place, as first publicly known renewable energy arbitrations against Ukraine kick off
Jan 19, 2022 -
Looking Back: ICSID tribunal in Jan de Nul v. Egypt found that court judgment had crystallized a new dispute, and discussed distinction between treaty claims and contract claims
Jan 14, 2022 -
Gabrielle Kaufmann-Kohler is tapped to chair first-ever ICSID case against Malta, which will need to address exhaustion of local remedies clause in the underlying BIT
Jan 05, 2022 -
Poland announces that UNCITRAL tribunal has dismissed bulk of compensation claim in mining arbitration
Jan 03, 2022 -
Revealed: A comprehensive account of the heretofore unpublished Bank Melli v. Bahrain award; some details have leaked, but review of award gives full picture of tribunal’s findings on Iranian sanctions questions, political expropriation, and potential set-offs
Dec 14, 2021 -
Bahrain is held liable in banking dispute
Nov 23, 2021 -
Analysis: GKK-chaired tribunal finds that Venezuela did not consent to arbitration under ICSID’s AF Rules and opines that MFN clauses cannot be used to create jurisdiction
Nov 15, 2021 -
ICSID AF tribunal declines jurisdiction over treaty claim against Venezuela
Nov 09, 2021 -
Turkish contractor Bayindir lodges a new claim against Pakistan, 12 years after an ICSID tribunal rejected an earlier BIT claim between the parties.
Oct 14, 2021 -
Gold miner applies for partial annulment of award that found a treaty breach, but declined to award damages
Oct 04, 2021 -
ICSID case against China is discontinued for failure to pay advances on costs
Sep 10, 2021 -
Looking Back: High-profile tribunal hearing one of Venezuela’s earliest ICSID cases discussed foreign control requirement, force majeure, lost profit, and compound interest
Sep 02, 2021 -
Gabrielle Kaufmann-Kohler is tapped to chair ad hoc treaty claim against Algeria
Aug 18, 2021 -
Looking Back: Saipem v. Bangladesh tribunal upheld jurisdiction over claims arising out of a commercial arbitration award, and granted provisional measures
Aug 12, 2021 -
Analysis: Tribunal chaired by Kaufmann-Kohler dives into corruption allegations, limitation period/scope of liability for judicial acts, and environmental protection provision; Brigitte Stern disagrees with timing of alleged breach and finding of autonomous FET standard
Jun 10, 2021 -
Tribunal hearing gold mining dispute with Costa Rica upholds some (but not all) claims for FET breaches, but declines to award damages; Brigitte Stern pens a separate opinion
Jun 04, 2021 -
Analysis: Kaufmann-Kohler-chaired tribunal offers detailed review of FPS standard, finding that Madagascar failed to protect a garment factory from riots
May 06, 2021 -
Analysis: On quantum, Deutsche Telekom v. India tribunal opts for sunk costs approach, departing from parallel Indian satellite spectrum cases
Apr 23, 2021 -
Analysis: Non-retroactivity principle and treaty limitation period prompt ICSID tribunal to decline jurisdiction under the Colombia-USA TPA
Apr 21, 2021 -
Kaufmann-Kohler chaired tribunal dismisses claims based on TPA's financial services chapter; parallel UNCITRAL arbitration remains ongoing
Apr 20, 2021 -
Quantum Award in Deutsche Telekom v. India surfaces
Apr 20, 2021 -
Central America Round-Up: An update on arbitration-related developments in the region
Apr 08, 2021 -
New arbitrator is selected by China, following departure of its former nominee ICJ Judge Peter Tomka
Mar 23, 2021 -
PV Investors award against Spain is upheld at seat, as Swiss judges find that the arbitrators validly rejected efforts to reopen intra-EU objection
Mar 23, 2021 -
Tribunal denies claimants’ request to suspend criminal investigation into activities of their witness
Mar 16, 2021 -
Analysis: Tribunal sees no commitment by Colombia to help power distributor out of its financial woes; eventual liquidation is not an expropriation
Mar 16, 2021 -
Claimants in Serbian agriculture case request suspension of criminal investigation into activities of their witness
Feb 25, 2021 -
Uncovered: Kaufmann-Kohler chaired tribunal confirms that OIC Agreement contains consent to arbitration, but ultimately dismisses mining claims on the merits
Feb 17, 2021 -
ICJ judge resigns from ICSID case involving China, following controversy over arbitral appointment
Feb 09, 2021 -
Arbitrators comings and goings: Switzerland reveals its nominees to ICSID’s panels, and two tribunals see arbitrator resignations
Feb 09, 2021 -
Gabrielle Kaufmann-Kohler is tapped to chair the first of a trio of pending mining arbitrations against Tanzania
Feb 03, 2021 -
West Africa Round-Up: Two awards, one new tribunal, four new cases
Jan 29, 2021 -
Analysis: In Rios v. Chile, arbitrators disagree over limitation period for continuing breaches; “unequivocal and reasonable expectations”, sovereign acts, and substantial deprivation are at the centre of the tribunal’s expropriation analysis
Jan 21, 2021 -
Kaufmann-Kohler chaired tribunal dismisses claims in Rios v. Chile; arbitrators split on time-bar for continuous breaches
Jan 12, 2021 -
EU releases draft list of arbitrators to rule over Brexit disputes – featuring familiar names
Dec 16, 2020 -
Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest
Dec 01, 2020 -
Analysis: Tribunal in KBR v. Mexico found that proceedings for the enforcement of a commercial award fell under the scope of NAFTA’s waiver requirement
Nov 27, 2020 -
Long-confidential NAFTA award comes to light
Nov 24, 2020 -
Arbitrators comings and goings: Switzerland seeks applicants for ICSID panels, the UK reveals its panel nominees, and Egypt arbitration sees new chair
Nov 23, 2020 -
Gabrielle Kaufmann-Kohler is tapped to chair treaty-based arbitration against China
Nov 16, 2020 -
Analysis: Tribunal majority in Muszynianka v. Slovakia applied proportionality analysis to find that Slovakia’s constitutional amendment on water resources did not breach the Poland-Slovakia BIT; all three arbitrators found fault with certain administrative delays, but damages claim foundered due to lack of causation
Oct 30, 2020 -
UNCITRAL award in mineral water dispute with Slovakia comes to light
Oct 29, 2020 -
Breaking: Arbitrators in Slovakian mineral water dispute find that the permit process breached the FET and non-impairment standards, but causation is wanting; tribunal splits on assessment of Constitutional Amendment
Oct 07, 2020 -
Analysis: ORASCOM v. Algeria ad hoc committee finds that tribunal can validly derive admissibility rule from “purpose of investment treaty arbitration”
Sep 21, 2020 -
Analysis: Iberdrola tribunal applies res judicata effect of prior award, and finds that previous recourse to ICSID proceedings precludes a subsequent UNCITRAL arbitration
Sep 02, 2020 -
Breaking: Guatemala prevails in second arbitration with Iberdrola, as tribunal applies res judicata principle
Sep 01, 2020 -
Madagascar files for annulment of award in long-running garment dispute
Aug 22, 2020 -
Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor's expropriation and FET claims fail on the merits
Jun 22, 2020 -
Gabrielle Kaufmann-Kohler is selected as new chair in dispute between Iranian banks and Bahrain
Jun 19, 2020 -
Poland prevails in treaty-based dispute over historic military barracks in the city of Warsaw
May 01, 2020 -
Breaking: ICSID tribunal rules against Madagascar in rebound arbitration after first award was set aside
Apr 21, 2020 -
Hungary files for annulment of EUR 7 million Magyar Farming award
Mar 20, 2020 -
Jurisdictional decision in PV Investors v. Spain surfaces: majority of Kaufmann-Kohler/Sepulveda-Amor declines jurisdiction over domestic claimants under the UNCITRAL Rules; Brower disagrees
Mar 20, 2020 -
Breaking: arbitrators rule in longest-running Spanish solar claim; Kaufmann-Kohler/Sepulveda-Amor majority find that PV Investors only had legitimate expectations of reasonable return; Brower dissents
Mar 01, 2020 -
Colombia round-up: An update on 12 treaty-based disputes against the state
Feb 28, 2020 -
Libya wins one and loses one, as new bilateral investment treaty awards are rendered
Feb 18, 2020 -
As hearings loom, the parties in Rand v. Serbia arbitration argue over claimants' asserted "beneficial ownership" of investment, as well as what constitutes a Cypriot corporate “seat"
Feb 13, 2020 -
Majority of Kaufmann-Kohler chaired tribunal opts to make arbitration documents public despite silence of Cyprus-Serbia BIT on transparency; dissenter warns of an excess of powers
Feb 05, 2020 -
Swiss Federal Tribunal provides reasons for refusing to set aside two Crimea-related awards
Jan 21, 2020 -
Russia fails to set aside two Crimea-related awards at Swiss seat
Dec 17, 2019 -
Central America Round-Up: An update on investment disputes involving Guatemala, Honduras, Nicaragua and Costa Rica
Dec 09, 2019 -
Gabrielle Kaufmann-Kohler tapped to chair UNCITRAL BIT arbitration
Nov 28, 2019 -
Magyar Farming v. Hungary tribunal awards compensation of EUR 7 million to UK-based investor
Nov 13, 2019 -
ICC award that had declined jurisdiction over Libya survives investors' annulment bid
Oct 09, 2019 -
Latin America round-up: an update on disputes against Bolivia, Chile and Peru
Aug 27, 2019 -
Kyrgyzstan Round-Up: an update on four arbitrations against the Kyrgyz state
Aug 27, 2019 -
Twin arbitrations against Spain arising from Banco Popular’s liquidation are consolidated; tribunal now in place with Gabrielle Kaufmann-Kohler in chair
Jun 26, 2019 -
Looking Back: In early BIT case, sole arbitrator declines jurisdiction over Philippe Gruslin's claims arising out of mutual fund investments allegedly harmed by Malaysian currency controls
May 26, 2019 -
Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
May 23, 2019 -
Investigation: four previously-confidential claims under OIC Investment Agreement are uncovered, as controversy continues over treaty's use in arbitration
May 16, 2019 -
As Russia is held liable in two new BIT cases, and ordered to pay upwards of $100 million, we round-up developments in Crimea-related arbitrations
Apr 16, 2019 -
Azerbaijan facing a pair of unrelated ad-hoc BIT claims, one by Iranian and another by American
Apr 12, 2019 -
In-depth: UNCITRAL decision on path ahead came after negotiated compromise, but some developing states grumbled about informal consultations that broke deadlock
Apr 11, 2019 -
At UNCITRAL Working Group Sessions, prominent arbitrator Charles Brower cautions against "revolution" of investor-state arbitration system
Apr 11, 2019 -
Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate
Mar 24, 2019 -
Final costs details are released in Philip Morris v. Australia following request by IAReporter
Mar 21, 2019 -
Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
Mar 19, 2019 -
Several African disputes are reportedly resolved, with investment arbitration claims likely to be withdrawn
Feb 28, 2019 -
An overview of our reporting from September-December 2018
Jan 04, 2019 -
ANALYSIS: Swiss Court weighs in with its reading of "essential security" BIT clause, indirect investment coverage and thoughts on corruption objection, en route to rejecting India's bid to set aside award in favour of Deutsche Telekom
Dec 27, 2018 -
ICSID committee declines to annul Suez v. Argentina (Case 03/17) award, but frowns on ICSID's arbitrator challenge process and copy-paste approach used by arbitrators across several awards
Dec 17, 2018 -
Venezuela’s bid to annul $500 million award fails; committee finds that it can’t review alleged partiality of arbitrator
Dec 17, 2018 -
Arbitrator Zachary Douglas steps aside in face of threatened challenge, and tribunal is then finalized
Dec 17, 2018 -
In now-public decisions, Swiss Federal Tribunal clarifies reasons for dismissing challenges to two Crimea-related investment treaty awards against Russia
Nov 16, 2018 -
ICC tribunal weighs in with $40+ million award arising out of Tekfen and TML investment project in Libya
Nov 06, 2018 -
BSGR v. Republic of Guinea: as case enters its final stage, a primer on the parties’ debate about the proof and consequences of corruption
Nov 05, 2018 -
Parties pick Gabrielle Kaufmann-Kohler to chair arbitration against Peru
Oct 31, 2018 -
Looking Back (2 of 2): In Thunderbird v. Mexico separate opinion, Thomas Wälde ties legitimate expectations to FET standard, disagrees with majority on violation of legitimate expectations, and rejects “loser pays” approach
Oct 30, 2018 -
Exxon goes back to ICSID, asking a new tribunal to rule on damages in aftermath of 2017 annulment of $1.4 billion damages award
Oct 27, 2018 -
Russia fails to set aside Crimea-related investment treaty awards on jurisdiction in Swiss court
Oct 16, 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 -
Tribunal of Kaufmann-Kohler, Stern and Garibaldi see an attorney-client privilege and common interest privilege flowing from general principles of law
Oct 07, 2018 -
Gabrielle Kaufmann-Kohler tapped by appointing authority to chair Serbian BIT case
Oct 05, 2018 -
An update on eight investment arbitration claims against Canada
Sep 20, 2018 -
Another Indian BIT award surfaces (Deutsche Telekom v. India), revealing divergence between a pair of tribunals with respect to application of "essential security" clauses
Sep 17, 2018 -
In new pleading in public transit arbitration, Chile raises waiver and time-bar objections, and also offers its interpretation of substantive obligations of Chile-Colombia FTA
Jul 11, 2018 -
US appeals court rejects set-aside of Argentina award, dismissing concerns over alleged ties between investor and arbitrator Gabrielle Kaufmann-Kohler
Jul 03, 2018 -
Ad hoc committee in Indonesia case agrees to shield investor from an enforcement that might push it into bankruptcy – and declines to pierce veil to pursue shareholders – but stay requires some security
Jun 24, 2018 -
Kaufmann-Kohler in chair for new effort by Iberdrola to sue Guatemala under Spanish investment treaty
Jun 13, 2018 -
$50 mil Bolivia award is upheld even though arbitrators used valuation method different from those of the parties; new decision casts doubt on power to annul provisional measures or arbitrator disqualification rulings
May 20, 2018 -
After ECJ ruling in Achmea case, a Kaufmann-Kohler chaired tribunal rejects a belated bifurcation bid in Spoldzielnia Pracy “Muszynianka” v. Slovakia case
May 10, 2018 -
ANALYSIS: review of Conoco-PdVSA ICC award reveals why tribunal saw two measures in breach of contract – including income tax hike over which ICSID tribunal had declined jurisdiction
Apr 30, 2018 -
ANALYSIS: in new ICC award, tribunal uses ex-post data valuation, rejects demand for compound interest, and finds that availability of investment treaty arbitration should mitigate country risk
Apr 30, 2018 -
ANALYSIS: full reasons emerge for ICSID’s dismissal of challenge to Brigitte Stern; arbitrator suggests that multiple appointments by states are "unavoidable" in light of small pool of candidates
Apr 26, 2018 -
Challenge to arbitrator Brigitte Stern fails, as ICSID rejects investor's bid to remove her in Croatia proceeding
Apr 24, 2018 -
India round-up: updates on five pending investment treaty arbitrations, including rulings (on liability in Deutsche Telekom case), tribunals and anti-suit injunctions
Mar 21, 2018 -
Investors in Santiago’s public transport system lay out their case for breach of Colombia-Chile FTA - and present Kaufmann-Kohler-chaired tribunal with another chance to opine on creeping expropriation
Mar 12, 2018 -
ANALYSIS: unpacking the reasons why a UK court has set aside portions of the jurisdictional holdings in Griffin v. Poland BIT arbitration
Mar 04, 2018 -
Kaufmann-Kohler tribunal's jurisdictional holdings are set aside, as judge at arbitral seat finds that investment treaty affords scope for broader claims against Poland
Mar 02, 2018 -
As another Spain award looms, four more previously-confidential renewables cases surface; potential liability for all pending claims now exceeds $9.5 billion
Feb 07, 2018 -
Czech solar award comes to light, offering clarity as to tribunal’s handling of jurisdictional questions - including whether “investor” must be defined in light of domestic law
Jan 28, 2018 -
For majority of Kaufmann-Kohler and Tomka in Czech solar case, investor had no legitimate expectation to fixed feed-in-tariffs
Jan 28, 2018 -
In dissent in Czech solar case, Gary Born sees a legitimate expectation to fixed feed-in-tariffs, and complains that co-arbitrators deprive state of ability to provide meaningful “legislative guarantees” to foreign investors
Jan 28, 2018 -
Heiskanen, Born and Thomas see some investment treaty breach in Czech solar case, but debate over remedies is held over for separate phase
Jan 26, 2018 -
Gabrielle Kaufmann-Kohler selected to chair Magyar Farming v. Hungary arbitration
Jan 05, 2018 -
ANALYSIS: What did governments agree (and disagree) on at recent UNCITRAL meetings on investor-state dispute settlement reform?
Jan 04, 2018 -
Kaufmann-Kohler tribunal declines jurisdiction over claim against East Timor, after earlier refusal to order security for costs - [UPDATED with full analysis]
Dec 29, 2017 -
Parties pick Gabrielle Kaufmann-Kohler to chair latest investment treaty claim against Croatia
Dec 11, 2017 -
UNCITRAL meetings on ISDS reform get off to bumpy start, as delegations can't come to consensus on who should chair sensitive process - entailing a rare vote
Dec 09, 2017 -
In light of Guinea's improving economic situation after Ebola outbreak, arbitrators reconsider prior procedural formula for allocation of advance-costs; payment of legal bills by third-party not seen as relevant factor
Dec 09, 2017 -
ANALYSIS: Infinito v. Costa Rica jurisdictional ruling offers detailed views on some provisions of Canadian BIT – and identifies the funder who is bankrolling the case
Dec 07, 2017 -
Gabrielle Kaufmann-Kohler to chair Colombia-Chile FTA arbitration
Dec 07, 2017 -
Russia set-aside round-up: Swiss court rules that Russia does not need to post security for costs as it seeks to set aside Crimea BIT award; set-aside applications continue in first and second wave Yukos cases
Dec 07, 2017 -
After initial ruling, gold miner Infinito's claim against Costa Rica will go forward, but many jurisdictional questions remain to be answered
Dec 06, 2017 -
INVESTIGATION: Further Russia investment treaty decisions uncovered, offering broader window into arbitrators' approaches to Crimea controversy
Nov 17, 2017 -
Kaufmann-Kohler to chair new BIT claim mounted by claimants that saw their earlier ICC award torn up by French courts
Nov 02, 2017 -
Three are named to review award in Orascom TMT v. Algeria
Oct 30, 2017 -
ICSID committee suspends annulment proceedings and lifts stay on enforcement in Vestey v. Venezuela
Oct 27, 2017 -
Czech Republic emerges victorious in first of a string of investment treaty arbitrations over solar energy changes
Oct 13, 2017 -
Unsuccessful claimant now seeking to overturn arbitral ruling that found an abuse of rights
Oct 04, 2017 -
Stay of enforcement of $370+ million award is lifted, as ICSID panel does not see clear promise by Ecuador to swiftly comply if award is not overturned, nor a compelling case of economic hardship
Sep 01, 2017 -
Alexis Mourre is chosen to chair new billion dollar UNCITRAL BIT claim against Poland
Aug 29, 2017 -
Looking Back: (1 of 3) Cargill v. Poland UNCITRAL award surfaces, and arbitrators are seen to reckon with various jurisdictional objections and the implications of amendments made to U.S.-Poland investment treaty
Aug 21, 2017 -
Looking Back: (2 of 3) In Cargill v. Poland, Tribunal finds that sweetener quotas set by Poland - and by European Union - breached national treatment obligation
Aug 21, 2017 -
Looking Back: (3 of 3) In Cargill v. Poland, respondent breached transparency requirement, but performance requirements did not rise to level of treaty breach
Aug 21, 2017 -
Kaufmann-Kohler orders interim measures against Kyrgyzstan in mining dispute
Jul 21, 2017 -
Poland round-up (part two): Arbitrators weigh in in a pair of (unrelated) cases under the same treaty, with one ruling now being challenged and the other opening path to large pay-off
Jul 12, 2017 -
Final award is released in Philip Morris v. Australia case, but crucial costs information is redacted from public view
Jul 09, 2017 -
An update on disputes under the Russia-Ukraine BIT
Jul 06, 2017 -
Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
Jun 22, 2017 -
US Court declines to set aside Mesa v. Canada award, and rejects investor’s argument that NAFTA tribunal breached due process by showing “deference” to government measures
Jun 16, 2017 -
Unpacking the Orascom TMT v. Algeria award: Luxembourg investor clears jurisdictional objections but later sees its claims inadmissible
Jun 12, 2017 -
ANALYSIS: Orascom’s claims stumble on earlier case settled by third party, as well as on its own abuse of rights
Jun 12, 2017 -
Arbitrators dismiss claim by Egyptian billionaire's company, finding that it was an abuse of right for multiple claims to be brought against Algeria in relation to same investment and dispute
Jun 06, 2017 -
In-depth: ICSID annulment committee upholds Suez tribunal analyses of local litigation clause, necessity defence and damages
May 08, 2017 -
$400 million Buenos Aires water concession award withstands Argentina's annulment attempt, as committee sees no arbitrator conflict of interest that would justify set-aside
May 06, 2017 -
Spain's arbitral winning streak comes to a halt, as ICSID tribunal awards 128 million euro (plus interest) for changes made in solar sector
May 05, 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 -
ICSID claimant goes to ICC arbitration in effort to prevent discontinuation of BIT case, but is ultimately unsuccessful
Apr 02, 2017 -
As Libya begins to see wave of investment treaty arbitrations, at least seven Turkish BIT claims are pursued at ICC
Mar 31, 2017 -
ANALYSIS: Exxon annulment committee chastises tribunal on proper role of domestic law in BIT compensation determinations
Mar 09, 2017 -
Breaking: $1.4 billion damages in favour of Exxon are annulled, as ICSID annulment panel finds fault with earlier tribunal's damages reasoning in Venezuela case
Mar 09, 2017 -
In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
Mar 09, 2017 -
Investigation: As new cases emerge under Islamic investment treaty, initial viability of claims seems to hinge on willingness of respondents to appoint arbitrators
Mar 02, 2017 -
Kaufmann-Kohler to serve as sole arbitrator in contentious environmental dispute
Feb 24, 2017 -
A stay of award is kept in place in Bolivia case, and ad-hoc committee picks a side in debate over powers to order posting of bank guarantees
Feb 23, 2017 -
Kaufmann-Kohler tapped to chair UNCITRAL BIT arbitration arising out of mineral water export scheme
Feb 17, 2017 -
Burlington tribunal confirms power to reconsider decisions, but rejects request on merits; earlier expropriation finding supplemented with further ruling on unlawfulness
Feb 13, 2017 -
Familiar disagreements on valuation date and ex post data arise in Burlington award, alongside new disagreement on contribution to losses
Feb 13, 2017 -
ANALYSIS: Successful counterclaim in Burlington v. Ecuador breaks new ground, as tribunal has to evaluate quantum of environmental damage
Feb 13, 2017 -
Ecuador ordered to pay $379 million for expropriation of US investor's oil blocks; state says it was awarded damages for environmental counterclaim, and plans annulment of final award
Feb 08, 2017 -
World Bank President dismisses bid to disqualify three arbitrators
Jan 06, 2017 -
As arbitration claim against Guinea continues, Beny Steinmetz reportedly arrested in Israel
Dec 19, 2016 -
ANALYSIS: unreasonable ‘willfull blindness’ as to business partner’s fraudulent misconduct stymies mining claims against Indonesia
Dec 09, 2016 -
In new award, tribunal finds that fraud during "performance" phase of investment renders BIT claims against Indonesia inadmissible
Dec 07, 2016 -
Beny Steinmetz Group (BSG) moves to disqualify entire tribunal hearing Guinea mining dispute
Nov 09, 2016 -
U.S. Federal Court sees ties of Gabrielle Kaufmann-Kohler to investor as inconsequential - and reminds that arbitrators are not held to same standards of judicial decorum as judges in any event
Oct 04, 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 -
India liable for expropriation and unfair treatment in satellite dispute, but majority of tribunal says "essential security" defence scales back liability
Jul 26, 2016 -
Recap: recent U.S. court rulings in relation to investment treaty awards
Jun 20, 2016 -
Kaufmann-Kohler looks at "opt-in" treaty to scale up proposed multilateral ISDS procedural reforms; will UNCITRAL be the playing-field?
Jun 16, 2016 -
Local NGO opponent of claimant-investor is granted permission to intervene in Costa Rica gold mine arbitration, and given access to documents
Jun 08, 2016 -
The Czech Republic: updates on fifteen investment treaty disputes
May 24, 2016 -
Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor's corporate restructuring to be abusive
May 17, 2016 -
Mesa v. Canada tribunal construes NAFTA’s time-bar and procurement rules; does not follow WTO on attribution issue; and frowns on investor's use of U.S. judicial discovery
Apr 28, 2016 -
In Mesa award, Waste Management reading of FET is embraced despite post-Bilcon criticisms, but majority offers much deference to state policy choices; MFN access to stronger FET is nixed
Apr 28, 2016 -
Vestey award reveals debate over title to property rights, level of due process afforded by state, and a dubious "public purpose"
Apr 25, 2016 -
Damages Analysis: latest Venezuela award uses asset-based valuation - overriding state's push for income-based approach - and advocates for a low pre-award interest rate
Apr 25, 2016 -
UPDATED: Award rendered in Mesa Power v. Canada NAFTA arbitration, handing set-back to Texas-based renewables company
Apr 01, 2016 -
Part two of our coverage of EDFI v. Argentina annulment ruling: Argentina's (unsuccessful) challenge to Gabrielle Kaufmann-Kohler
Feb 09, 2016 -
EDFI v. Argentina award is upheld, after ad-hoc committee weighes Argentina's allegation that arbitrator lacked impartiality due to his law firm's advising of Repsol in separate dispute
Feb 07, 2016 -
UPDATED: Spain prevails on merits in first of many Energy Charter Treaty claims in the solar sector
Jan 25, 2016 -
Costa Rica round-up: mining arbitration is back on track after Infinito finds a funder; award and tribunal DQ decision loom in other cases
Jan 17, 2016 -
Australia prevails in arbitration with Philip Morris over tobacco plain packaging dispute
Dec 17, 2015 -
In new award, arbitrators explain why Electrabel's remaining claims do not put Hungary in breach of Energy Charter Treaty
Dec 02, 2015 -
Arbitrator disqualifications: Updates on challenges to Yves Fortier, Bernard Hanotiau and Teresa Cheng - and an early challenge to Brigitte Stern
Dec 01, 2015 -
Russia claims round-up: Swiss company is latest to invoke investment treaty rights against Russian Federation, as treaty claims mount
Nov 03, 2015 -
In new ruling, arbitrators find Bolivia's termination of Chilean mining concessions to be discriminatory, unlawful and done under bogus pretexts
Sep 22, 2015 -
Quiborax v. Bolivia: tribunal majority uses ‘ex post’ data to assess discounted cash-flow damages for unlawful expropriation - and applies country-risk premium discount
Sep 22, 2015 -
In a new dissent, Brigitte Stern sets valuation date at date of expropriation in both lawful and unlawful scenarios, and decries use of ‘ex post’ data
Sep 22, 2015 -
Arbitrators muse on binding nature of provisional measures, breach of ICSID Convention for non-compliance with such orders, and role of ILC Articles in investor-state arbitration
Sep 22, 2015 -
Damages: tribunal in now-public Suez/AWG award relies on independent expert to determine a “reasonable” regulator’s response to Argentine crisis
Aug 20, 2015 -
As decision in Mesa v. Canada looms, investor and all three NAFTA parties weigh in on significance of Bilcon
Aug 10, 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 -
Argentina re-opens arbitrator ethics issues in bid to set-aside water concessions award
Aug 03, 2015 -
Claimant files challenge to entire tribunal in ICSID case against Costa Rica, as state requests discontinuance of separate case amid investor’s bankruptcy
Jul 31, 2015 -
Poland claims round-up: at least a dozen investment treaty arbitrations
Jul 29, 2015 -
Arbitrators in Exxon v. Venezuela case conclude that government triggered revision process in order to hinder enforcement of earlier award
Jun 18, 2015 -
Russia held liable for expropriation of Italian business, Valle Esina S.p.A., in unpublicized investment treaty arbitration
May 18, 2015 -
As Sempra case settles, Argentina is hit with $405 million bill in Buenos Aires water dispute; next phase of case could see arbitrator ethics fight
Apr 10, 2015 -
Ecuador round-up: Key rulings loom in half-dozen cases, including windfall levy disputes, Occidental annulment, and several lesser-noticed arbitrations
Apr 10, 2015 -
Latest developments in the Philip Morris arbitrations against Australia and Uruguay
Feb 12, 2015 -
VICAT v. Senegal and BSG Resources v. Guinea claims are ready to proceed following finalization of tribunal members
Feb 08, 2015 -
Arbitrators toss out ICSID claim against Peru due to abusive restructuring of investment
Jan 18, 2015 -
ICSID tribunal declines to reverse an earlier reconsideration in Indonesia mining dispute; preliminary hearing of fraud charges will go forward
Jan 15, 2015 -
Arbitrators again decline to order Indonesia to desist with criminal investigation into alleged forgery of mining license in Churchill & Planet Mining case
Dec 30, 2014 -
Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
Dec 24, 2014 -
INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
Dec 11, 2014 -
Tribunal accedes to Indonesia’s request for reconsideration of earlier order in mining dispute, prompting investor to request reconsideration of reconsideration
Nov 25, 2014 -
European Commission wades into solar arbitrations against Spain, intervening in one case a week before final hearings
Nov 17, 2014 -
Arbitral tribunal is constituted to hear Costa Rica gold mine dispute, and local NGO opponent of claimant-investor seeks intervener status
Oct 15, 2014 -
Arbitrators in Exxon v. Venezuela case award $1.6 bil with an asterisk, and part ways with Conoco tribunal in deeming expropriation to have been lawful
Oct 09, 2014 -
In Exxon v. Venezuela case, arbitrators apply hefty discount rate to anticipated cash flows, and view the risk of confiscation as part of "country risk"
Oct 09, 2014 -
Brussels' latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors
Sep 08, 2014 -
In renewables case against Canada, the other NAFTA parties weigh in with views on key provisions - some unhelpful to investor
Aug 27, 2014 -
Round-up: NAFTA case vs. Mexico linked to unpaid ICC award; panels named in Masdar v. Spain & Lahoud v. DRC; UK investor, Krederi, sues Ukraine
Jul 23, 2014 -
As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
Jul 15, 2014 -
In new filing, US investor alleges that favourable Canadian energy pact granted to a Korean consortium breaches NAFTA Chapter 11
Jul 09, 2014 -
ANALYSIS: In Mesa v. Canada, focus is laid on less-used performance requirements and procurement provisions, and relevance of recent WTO ruling against Canada
Jul 09, 2014 -
Philip Morris v. Australia: new ruling explains why jurisdictional questions to be reviewed first; umbrella clause is no longer being used to import WTO law
Jun 30, 2014 -
Australia denies access to its "plain packaging" arbitration defence under Freedom of Information law
May 12, 2014 -
Updates on progress of Philip Morris arbitrations against Australia and Uruguay
Apr 28, 2014 -
As Indonesia reconsiders its investment treaties, arbitrators don't want to slow down mining case by separating liability and damages phases
Apr 28, 2014 -
Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue
Apr 22, 2014 -
Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India
Apr 21, 2014 -
Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK
Feb 27, 2014 -
Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly
Feb 27, 2014 -
Arbitrators reject jurisdictional objections raised by Indonesia in mining dispute at ICSID
Feb 25, 2014 -
In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic
Jan 10, 2014 -
Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
Jan 01, 2014 -
Arbitrator's reaction to challenge becomes crucial evidence that leads to his removal in Burlingon v. Ecuador case; separate challenges rejected in Repsol v. Argentina case
Dec 16, 2013 -
Claims against Uzbekistan fail under Israeli investment treaty, as well as under 1998 law that other foreign investors are seeking to use
Dec 05, 2013 -
Testimony by foreign investor piques tribunal's curiosity as to legitimacy of consulting contracts with local fixers, and leads to unraveling of case vs. Uzbekistan
Dec 05, 2013 -
ANALYSIS: In Uzbek case, tribunal reads investment treaty's "legality" clause narrowly, but refuses to let investor use MFN clause to avoid it altogether
Dec 05, 2013 -
Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector
Dec 05, 2013 -
ICSID tribunal in KT Asia v. Kazakhstan case finds that investment acquired for nominal price fails to meet BIT’s definition
Nov 06, 2013 -
Kazakhstan defeats one of several claims brought by a shareholder in embattled BTA Bank; fate of UNCITRAL claims to be determined
Oct 22, 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 -
Recent filings in Mesa Energy v. Canada arbitration shed light on Canada’s objections, as well as claimant's allegations of composite breach
Sep 22, 2013 -
Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first
Jun 18, 2013 -
Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
Apr 25, 2013 -
NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts
Apr 25, 2013 -
Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
Mar 12, 2013 -
First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases
Feb 28, 2013 -
ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v. Indonesia arbitration
Feb 07, 2013 -
Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor (Mesa) and Canada
Jan 29, 2013 -
Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published
Jan 10, 2013 -
Hearing set for Australia’s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested "control" issue?
Jan 10, 2013 -
In Ecuador arbitration, Francisco Orrego Vicuna takes broad view of umbrella clauses, and defends position taken in CMS v. Argentina case
Jan 02, 2013 -
Australian investor in troubled Indonesia mining project files its own claim at ICSID; parties to parallel claim agree to some transparency
Jan 02, 2013 -
Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington
Dec 21, 2012 -
Majority of Kaufmann-Kohler and Stern reject claim that Ecuador’s windfall profits tax is an expropriation of Burlington’s investment
Dec 21, 2012 -
ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated
Dec 10, 2012 -
ANALYSIS: Measures other than outright termination of power purchase agreement fail to rise to level of treaty breaches by Hungary in Electrabel arbitration
Dec 10, 2012 -
Tribunal in Electrabel case finds that Hungary did not breach Energy Charter Treaty, but one claim reserved for future determination
Dec 05, 2012 -
Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law
Oct 12, 2012 -
ANALYSIS: Arbitrators continue to debate whether states deserve a “margin of appreciation” when it comes to how to comply with BIT obligations
Aug 01, 2012 -
ANALYSIS: EDFI v. Argentina case sees arbitrators delving into mundane contractual quarrels, as well as weighty questions of crisis-response
Aug 01, 2012 -
ICSID tribunals composed in cases against Pakistan, Costa Rica, and Venezuela; Pakistan swiftly moves to challenge claimant’s nominated arbitrator
Jul 26, 2012 -
Another ICSID loss for Argentina, as arbitrators award 136 Million to jilted investors in electricity concession; with interest, award exceeds 202 Million
Jul 17, 2012 -
In newly-unearthed jurisdiction ruling from Ostergetel and Laurentius v. Slovakia case, UNCITRAL Tribunal ruled on compatibility of BITs with EU law and declined to consult ECJ; effective nationality of claimants also studied
Jul 17, 2012 -
In an apparent first, Venezuelan investors use one of that country’s investment treaties to sue a European nation; claim against Spain is second spawned by financial crisis
Jul 09, 2012 -
Philip Morris v Australia arbitration kicks into gear as tribunal is chosen
Jun 07, 2012 -
Newly-released arbitral award shows Slovak Republic did not thwart legitimate expectations of Dutch investors in Oostergetel case
May 29, 2012 -
Tribunal finds no expropriation, denial of justice, or lack of full protection and security in Oostergetel v. Slovak Republic case
May 29, 2012 -
Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending
May 03, 2012 -
Settlement round-Up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization
Apr 19, 2012 -
ANALYSIS: Australian defense strategy puts spotlight on timing of Philip Morris’s corporate structuring moves, claims “abuse” of investment treaty
Dec 31, 2011 -
U.S. investor pursues UNCITRAL arbitration claim against Vietnam; tribunal empaneled to hear allegations of treaty breach
Dec 01, 2011 -
ICSID Docket Round-Up: Four tribunals are announced in Peru, Venezuela, Albania and Romania cases; ICSID picks chairs in two cases following deadlock
Dec 01, 2011 -
Russia defeats treaty arbitration claim by arguing that trade-related debts don’t amount to a protected “investment”
Nov 14, 2011 -
ANALYSIS: ECT’s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary’s EU law obligations
Sep 28, 2010 -
Arbitrators in Chemtura v. Canada NAFTA arbitration take economical route in finding no treaty breaches
Sep 15, 2010 -
Arbitral award will stand in Vivendi v. Argentina case, but an arbitrator is criticized over lack of disclosure
Sep 15, 2010 -
Argentina calls for discussion at upcoming World Bank meeting following Annulment Committee Member’s allegation of meddling by ICSID Secretariat in annulment process
Sep 15, 2010 -
Arbitrators in Chemtura NAFTA case nix bid to hold Canadian government liable for treaty breaches due to phase-out of toxic chemical
Aug 28, 2010 -
Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions
Aug 05, 2010 -
Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes
Aug 05, 2010 -
Tax exclusion clause in US-Ecuador BIT foils some claims by US energy company (Burlington Resources) hit by energy windfall levy; arbitrators will hear expropriation claim
Jun 27, 2010 -
Arbitrators analyze umbrella clause in US-Ecuador treaty, but split on their readings of an earlier tribunal ruling
Jun 27, 2010 -
Failure by oil corp to give Ecuador prior notice of treaty violations thwarts claims rooted in indigenous opposition to oil development
Jun 27, 2010 -
Arbitrators in Exxon case rule that Venezuelan statute does not provide consent to ICSID arbitration; BIT claim for nationalization will proceed
Jun 16, 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 -
Russia sued for breach of treaty by Italian company; case to rehearse debate on scope for arbitration in certain Russian BITs?
May 26, 2010 -
Government objects to attempt to disqualify arbitrator because of his prior academic writings (Urbaser v. Argentina)
May 07, 2010 -
Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
May 07, 2010 -
Arbitrator in treaty dispute challenged due to academic writings (Urbaser v. Argentina)
Apr 09, 2010 -
Third BIT claim arises after health policy reversal; Slovak state rebuffed in proposal to publish earlier award under same treaty
Apr 09, 2010 -
Arbitrators order that (Bolivian) criminal proceedings be suspended
Apr 09, 2010 -
ICSID round-up: tribunals picked in Kazakh and Macedonia cases
Apr 09, 2010 -
Profiling the arbitrators selected in Maersk v. Algeria, Urbaser v. Argentina, and Gold Reserve v. Venezuela
Mar 18, 2010 -
ICSID claim by Indonesia state government is declined on jurisdictional grounds
Jan 16, 2010 -
Slovak Republic prevails in UNCITRAL claim with Austrian investor; treaty contained narrowly-cast jurisdictional clause
Oct 30, 2009 -
Dominican Republic settles trio of electricity arbitrations
Sep 19, 2009 -
Gabon challenges arbitrator on basis of his chairing previous arbitration
Sep 02, 2009 -
ANALYSIS: Arbitrators in Bayindir v. Pakistan explore meaning of fair and equitable treatment and national treatment
Sep 02, 2009 -
Pakistan prevails in $756 Million ICSID claim brought by Turkish construction company
Sep 02, 2009 -
German media reveal details of Vattenfall claim v. Germany; NGOs raise enviro fears as two arbitrators named
Jul 17, 2009 -
Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments
Jul 17, 2009 -
More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
Feb 28, 2009 -
ANALYSIS: Canada and US chemical company debate whether ban on Lindane amounts to expropriation or other treaty breach
Jan 22, 2009 -
Bolivia settles bilateral investment treaty arbitration with Ashmore Energy over nationalization of key pipeline
Nov 12, 2008 -
Egypt prevails in ICSID arbitration over Suez canal dredging dispute; Acts of Suez Canal Authority not attributable to state
Nov 12, 2008 -
Tribunal in Duke v. Ecuador finds breach of certain obligations under Power Purchase Agreements and US treaty
Aug 26, 2008 -
Duke Energy obtains $5.57 Million (US) in dispute with Ecuador over energy generation
Aug 26, 2008 -
Remaining arbitrators in EDF v. Argentina case reject challenge to Prof. Gabrielle Kaufmann-Kohler; jurisdiction then upheld
Aug 07, 2008 -
Poland discriminated against US firm, Cargill, in sweetener quota allotment; Arbitrators reject several other claims
Jul 16, 2008 -
Challenge to ICSID arbitrator fails on basis of alleged lack of independence arising from concurrent arbitral appointments by the same government
Jun 18, 2008 -
Schedule set for chemical company’s case against Canada; hearings to be closed to public
Jun 03, 2008 -
IN-DEPTH: Co-arbitrators see connections between arbitrator and claimants as too tenuous to justify disqualification
Jun 03, 2008 -
New challenge to arbitrator Gabrielle Kaufmann-Kohler fails in Argentine (Suez & Vivendi) water arbitrations
Jun 03, 2008