Brigitte Stern - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Brigitte Stern

• Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation
  Mar 14, 2023
• [Updated with a copy of the Award] Analysis: DR-CAFTA tribunal hearing claim against Nicaragua dismisses reflective loss objection and finds that termination of oil concession did not amount to a treaty breach; arbitrators find that they lack jurisdiction to hear environmental counterclaim
  Mar 07, 2023
• [Updated] ICSID tribunal hearing uranium mining claim against Turkey finds treaty breach, but awards only a fraction of damages sought
  Mar 06, 2023
• DR-CAFTA tribunal dismisses oil and gas claim against Nicaragua
  Mar 02, 2023
• Analysis: NAFTA tribunal in Lone Pine v. Canada finds that revocation of mining rights around the St. Lawrence River did not amount to an expropriation, considering that claimant retained other mining rights; tribunal majority also dismisses MST claim
  Feb 21, 2023
• Tribunal majority finds abuse of process and dismisses ICSID claim stemming from construction dispute with Serbia
  Feb 01, 2023
• [Updated] Analysis: MOL v. Croatia tribunal applies high standard of proof to corruption allegations, finding that Croatia failed to prove bribery of former Prime Minister; tribunal strongly rejects intra-EU objection, criticizing the CJEU’s Komstroy Judgment
  Feb 01, 2023
• Analysis: Arbitration stemming from Swiss franc denominated loans is dismissed on the merits, as tribunal finds that state adopted proportionate measures tailored to a public purpose
  Jan 30, 2023
• ICSID award issued in high-profile ECT arbitration against Croatia comes to light
  Jan 26, 2023
• Analysis: ICSID tribunal hearing claim brought by US hedge fund in Peruvian land reform bond dispute splits on abuse of process and existence of protected investment; tribunal deems domestic compensation process arbitrary – but awards only a fraction of the damages claimed
  Jan 26, 2023
• Looking Back: Tribunal majority in Alalpli v. Turkey found that it had no jurisdiction – but majority arbitrators disagreed on whether good faith considerations or lack of active contribution by the investor should fell the ICSID claim
  Jan 11, 2023
• Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing
  Dec 28, 2022
• ICSID tribunal rules in favour of Ivory Coast in waste management dispute
  Dec 19, 2022
• [Updated] Tribunal majority in Gramercy v. Peru upholds jurisdiction over billion-dollar land bond dispute, and awards damages to US-based hedge fund
  Dec 13, 2022
• [Updated with a copy of the Award] Tribunal majority dismisses NAFTA claim arising out of revocation of fracking permit
  Nov 22, 2022
• Italy challenges claimants’ appointee in ECT renewables arbitration
  Oct 21, 2022
• Three are in place to hear renewable energy claim against Turkey
  Oct 18, 2022
• Looking Back: Ulysseas v. Ecuador tribunal upheld jurisdiction, dismissing denial of benefits objection despite finding that the clause could be invoked retroactively
  Oct 11, 2022
• Analysis: Tribunal majority in Lone Star v. Korea decides that financial regulator acted in its own self-interest by covertly lowering the investor’s exit payment; dissenter doubts this finding on the facts, and sees no wrongful conduct or causality
  Oct 10, 2022
• Experienced tribunal is in place to hear repeat mining claim in under-the-radar treaty arbitration
  Oct 06, 2022
• Paris Court of Appeal upholds award that had found no consent to UNCITRAL arbitration in Venezuelan BIT
  Sep 29, 2022
• Award surfaces in high stakes Lone Star v. Korea arbitration
  Sep 29, 2022
• India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee
  Sep 06, 2022
• Breaking: South Korea is found liable for treaty breach in Lone Star banking dispute
  Aug 31, 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
• Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards
  Aug 04, 2022
• ICJ President rules that investment arbitrator should be disqualified due to conflict created by his law firm’s involvement in separate matter
  Jul 15, 2022
• High-profile MOL v. Croatia ICSID arbitration concludes with an award; parties issue divergent statements regarding the outcome of the case
  Jul 06, 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
• Three are in place to hear high-stakes gold mining dispute, but impact of sanctions on Russian-owned claimant remains unclear
  Mar 30, 2022
• Analysis: Tribunal hearing second-wave Yukos Capital arbitration awards damages for expropriation of loan to Yukos Oil; both wing arbitrators dissent, opining that the award resulted in an “unjust enrichment” of a party
  Mar 30, 2022
• 5 billion USD award against Russia surfaces, revealing that arbitrators disagreed on discount for contributory fault and amount of damages
  Mar 25, 2022
• [Updated] Tobacco case against Ukraine is discontinued after Philip Morris scores a victory before local courts
  Jan 31, 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
• ICSID tribunal dismisses claim arising out of regulation of Swiss franc-denominated loans and mortgages
  Nov 25, 2021
• [Updated] SCC tribunal declines jurisdiction over renewables claim against Spain
  Nov 16, 2021
• ICSID tribunal invokes rarely-used power to issue provisional measures on its own motion
  Nov 16, 2021
• Egypt reportedly prevails in treaty arbitration
  Nov 15, 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
• [Updated with a copy of the award] UNCITRAL tribunal upholds jurisdiction over investment law-based telecoms case, but finds that corrupt practices render the claims inadmissible
  Nov 12, 2021
• ICSID AF tribunal declines jurisdiction over treaty claim against Venezuela
  Nov 09, 2021
• Analysis: Second-wave Yukos tribunal takes a new look at ECT provisional application and upholds jurisdiction over intra-group loans; Stern dissents on both counts
  Nov 03, 2021
• Looking Back: Pan American v. Argentina tribunal found that umbrella clause only applied to commitments made by the state as a sovereign
  Oct 29, 2021
• ICSID tribunal finds discrete ECT breach in intra-EU case against Croatia, but claimant is awarded no damages due to lack of causation
  Oct 28, 2021
• Paris Court of Appeal upholds denial of justice award against Senegal, sees no bar against claims by dual nationals in underlying BIT
  Oct 14, 2021
• UNCITRAL tribunal finds that FIL-based claims against Kyrgyzstan are inadmissible
  Oct 11, 2021
• Gold miner applies for partial annulment of award that found a treaty breach, but declined to award damages
  Oct 04, 2021
• Ecuador Round-Up: A decision on denial of benefits in an under-the-radar case, Ecuador’s first appointee to ICSID’s Panel of Arbitrators since the state’s re-accession to the ICSID Convention, plus a new case
  Oct 01, 2021
• Laos defeats bid by casino investors to set aside pair of awards; court emphasizes that arbitrators have a “public duty” to address issues of corruption
  Sep 10, 2021
• ICSID tribunal accepts amicus curiae submission on limited factual issues, including corruption allegations not raised by parties
  Sep 01, 2021
• Jan Paulsson resigns from ICSID tribunal after being challenged over parallel appointments
  Aug 31, 2021
• Analysis: UNCITRAL tribunal finds that tax measures amount to an indirect expropriation, but dismisses remaining claims arising out of failed Belarusian shopping mall investment; arbitrators disagree on jurisdiction under foreign investment law and standard for judicial expropriations
  Aug 27, 2021
• Revealed: Tribunal decides that appointment of bankruptcy administrator for claimant has no impact on the investor’s representation in ICSID proceedings
  Aug 10, 2021
• Belarus asserts that UNCITRAL tribunal dismissed bulk of claims in treaty-based arbitration, but still awarded 19 million USD to the investor
  Aug 09, 2021
• 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
• Breaking: Claimant in second-wave Yukos case against Russia announces $5 billion victory
  Jul 28, 2021
• Jan Paulsson faces arbitrator challenge in third Niko v. Bangladesh arbitration
  Jul 28, 2021
• Looking Back: Ad hoc committee in AES v. Hungary set high threshold for manifest excess of powers and failure to state reasons, found no fault with the arbitrators’ treatment of EU law arguments, and dismissed the claimants’ annulment bid
  Jul 23, 2021
• Wendy Miles is tapped to chair mining arbitration against Bangladesh
  Jul 23, 2021
• UNCITRAL tribunal is in place to hear billion-dollar mining claim against Poland
  Jun 11, 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
• Revealed: ICSID tribunal hearing mining claim against Mauritania declined jurisdiction after finding no consent to arbitrate disputes with foreign-controlled local entities; state recovered full costs
  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
• Revealed: ICSID ad hoc committee in Cortec v. Kenya opines that supplementary decision mechanism is the proper remedy for infra petita awards, and dismisses bid to annul finding that investment treaties contain an implicit legality requirement
  May 18, 2021
• Daniel Bethlehem is tapped to chair tobacco claim against Ukraine
  Apr 28, 2021
• Tribunal is nominated to hear power services claim against Turkey
  Apr 23, 2021
• Analysis: On quantum, Deutsche Telekom v. India tribunal opts for sunk costs approach, departing from parallel Indian satellite spectrum cases
  Apr 23, 2021
• ICSID tribunal dismisses denial of justice claim in hotel dispute with Hungary
  Apr 20, 2021
• Quantum Award in Deutsche Telekom v. India surfaces
  Apr 20, 2021
• European state is facing under-the-radar treaty claim worth 250 million USD
  Apr 19, 2021
• Belgium is found liable in treaty-based port concession dispute
  Apr 14, 2021
• Central America Round-Up: An update on arbitration-related developments in the region
  Apr 08, 2021
• Tribunal is in place to hear UNCITRAL arbitration against India
  Mar 30, 2021
• Kenya defeats bid to annul mining award that read implicit legality requirement into the Kenya-UK BIT
  Mar 24, 2021
• West Africa Round-Up: An update on arbitration disputes involving Mali, Senegal, Sierra Leone, and Ghana
  Mar 09, 2021
• TECO v. Guatemala saga continues, as the state files for annulment of resubmission award and seeks to focus attention on links between arbitrator and expert
  Feb 24, 2021
• Newly-disclosed award sheds light on attempt to disqualify quantum expert, and on allocation of costs in dispute between Oman’s sovereign wealth fund and Bulgaria
  Feb 22, 2021
• Analysis: In recently-surfaced B3 v. Croatia award, arbitrators found that “bad faith” conduct by the state breached the FET standard, but saw no causal link with the alleged losses; Croatia was ordered to reimburse full costs
  Feb 22, 2021
• Libya Round-Up: A new claim, a new decision, and an update on other cases against the state
  Feb 11, 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
• Looking Back: Tribunal in Phoenix v. Czech Republic declined jurisdiction after finding that the investment had not been made in good faith
  Jan 12, 2021
• Poland held liable for denial of justice directed at affiliate of Elliott hedge fund in newly-surfaced UNCITRAL investment treaty award
  Jan 11, 2021
• ICSID and UNCITRAL release comments from stakeholders on draft code of conduct for ISDS adjudicators; frequently-appointed arbitrators raise concerns about the project
  Dec 30, 2020
• Analysis: Unpacking the Gran Colombia v. Colombia tribunal’s decision to dismiss the respondent’s denial of benefits objection
  Dec 01, 2020
• Tribunal dismisses denial of benefits objection in Colombian mining dispute
  Nov 24, 2020
• Yves Derains is tapped to chair construction arbitration against Serbia
  Nov 08, 2020
• Costs award in favour of North Macedonia survives set-aside in Switzerland
  Oct 30, 2020
• Investigation: In still-confidential Tenoch v. India award, Brower and Stern fall out over availability of national security defence to justify measures taken against Russian investors
  Oct 28, 2020
• [Updated] In a Supplementary Decision, a resubmission tribunal in TECO v. Guatemala orders payment of interest on costs award, but arbitrators disagree on interest rate
  Oct 22, 2020
• Arbitrators comings and goings: Three replacements and one resignation
  Oct 22, 2020
• Eduardo Zuleta is tapped to chair renewable energy arbitration against Panama
  Oct 19, 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
• Gas sales arbitration against Egypt is discontinued at ICSID
  Sep 16, 2020
• Analysis: Eskosol v. Italy tribunal finds that bankrupt domestic entity remained under “foreign control”, but dismisses claims on the merits
  Sep 10, 2020
• Eskosol v. Italy tribunal finds that 2011 changes to Italy’s renewables incentives regime did not amount to an ECT breach
  Sep 08, 2020
• Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair
  Aug 18, 2020
• Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state
  Aug 11, 2020
• Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim
  Aug 04, 2020
• Treaty-based Greek shipyard arbitration proceeds to quantum stage
  Jul 26, 2020
• UNCITRAL tribunal upholds denial of justice claim against Senegal
  Jul 22, 2020
• Arbitrators comings and goings: One newly-revealed tribunal in under-the-radar OIC Treaty case, and two tribunal reconstitutions
  Jul 05, 2020
• Revealed: Reasons surface for tribunal’s decision that Montenegro was not bound by the Russia-Yugoslavia BIT
  Jul 03, 2020
• Looking Back: Tribunals in Trans-Global Petroleum v. Jordan and Brandes v. Venezuela provided the first known interpretations of ICSID Arbitration Rule 41(5)
  Jun 29, 2020
• Egypt round-up: a settlement agreement, a new tribunal, and an update on 11 other arbitration claims against the state
  Jun 17, 2020
• A tribunal is in place to hear treaty-based telecoms claims against Georgia
  Jun 10, 2020
• Co-arbitrators reject challenge to Brigitte Stern in Egyptian gas dispute
  Jun 05, 2020
• Analysis: Resubmission tribunal in TECO v. Guatemala muses on questions of res judicata and grants additional compensation for decreased electricity prices, but arbitrators disagree on further damages
  May 22, 2020
• Balkans Round-Up: An update on disputes against Albania, Bosnia, Greece, North Macedonia and Romania
  May 15, 2020
• Breaking: Resubmission tribunal in TECO v. Guatemala case awards additional damages in long-running electricity distribution dispute
  May 14, 2020
• Greek shipyard arbitration sees yet another arbitrator challenge, this time directed at Juan Fernandez Armesto - but Greece fails in bid to replace chair
  May 14, 2020
• Hotel development investors file for annulment of award that declined jurisdiction over pre-investment activities
  May 06, 2020
• Westwater v. Turkey tribunal declines bifurcation request, but arbitrators disagree on bifurcation of cooling-off period objection
  Apr 30, 2020
• Divided UNCITRAL BIT tribunal, with Brigitte Stern dissenting, finds that it has jurisdiction over Russia to hear previously unpublicized claim for expropriation of bank
  Apr 17, 2020
• Analysis: Lotus Holding v. Turkmenistan tribunal finds that the claimant only articulated contract claims belonging to a third party, and it dismisses the case at an early stage
  Apr 10, 2020
• Breaking: Tribunal in Lotus Holding v. Turkmenistan decides that claims are manifestly without legal merits
  Apr 07, 2020
• Breaking: Majority in Itisaluna v. Iraq declines jurisdiction over OIC claims; dissenter would have granted access to ICSID arbitration through MFN clause
  Apr 05, 2020
• Tribunal denies Russian investor interim relief over criminal investigations and allegations of witness intimidation
  Mar 11, 2020
• ANALYSIS: Eyre & Montrose v. Sri Lanka tribunal finds that pre-investment activities without substantial contribution or risk do not qualify as protected investment
  Mar 10, 2020
• Sri Lanka hotel development dispute ends at ICSID
  Mar 06, 2020
• Colombia round-up: An update on 12 treaty-based disputes against the state
  Feb 28, 2020
• Analysis: In Gosling v. Mauritius, majority saw no treaty violation, stressing the absence of a right to build a real estate development on UNESCO world heritage site; Stanimir Alexandrov disagreed
  Feb 24, 2020
• In a majority ruling, ICSID tribunal rejects claims related to UNESCO world heritage site
  Feb 18, 2020
• Tribunal in Colombia mining dispute bifurcates denial of benefits objection; remaining jurisdictional arguments are joined to the merits
  Feb 09, 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
• Swiss Federal Tribunal provides reasons for refusing to set aside two Crimea-related awards
  Jan 21, 2020
• India prevails in UNCITRAL BIT case brought by Russian/Cypriot investors in telecoms sector
  Jan 20, 2020
• Analysis: as hearings loom in Gramercy v. Peru, we analyze the parties' arguments in bitterly-fought arbitration over decades-old debts
  Jan 13, 2020
• Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
  Dec 30, 2019
• Ukraine's Deputy Justice Minister announces settlement of multi-billion dollar BIT arbitration with Gazprom
  Dec 30, 2019
• Arbitrators decline Colombia’s request to dismiss ICSID mining case
  Dec 18, 2019
• Russia fails to set aside two Crimea-related awards at Swiss seat
  Dec 17, 2019
• After tribunal is constituted to hear Egypt claim, investors lodge a challenge to Brigitte Stern
  Dec 12, 2019
• Central America Round-Up: An update on investment disputes involving Guatemala, Honduras, Nicaragua and Costa Rica
  Dec 09, 2019
• Italian maritime services company threatens claim against Montenegro
  Dec 09, 2019
• Analysis: Heemsen v. Venezuela tribunal refused to find jurisdiction on the basis of an MFN clause, and held that German-Venezuela BIT does not cover dual nationals with citizenship of the host State
  Nov 22, 2019
• Venezuela prevails against two German/Venezuelan investors, Jorge and Enrique Heemsen, as UNCITRAL tribunal finds it has no jurisdiction
  Nov 15, 2019
• Permanent Court of Arbitration once again steps in to designate an appointing authority after investor gets silent treatment from Organisation of Islamic Cooperation
  Nov 06, 2019
• Two cases are discontinued at ICSID - against Slovakia and Lithuania - after failures to pay advances on costs
  Nov 06, 2019
• Oleg Deripaska fails in latest bid to sue Montenegro, as UNCITRAL tribunal decides that Yugoslavia-Russia BIT does not apply to Montenegro
  Oct 17, 2019
• Three are named to hear Galway Gold's arbitration with Colombia; case is one of many to arise out of mining ban in high-altitude wetlands
  Sep 26, 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
• ICSID annulment committee orders continuation of stay of enforcement, subject to pledge of IP rights as security
  Sep 04, 2019
• Latin America round-up: an update on disputes against Bolivia, Chile and Peru
  Aug 27, 2019
• Gabrielle Kaufmann-Kohler tapped to chair ICSID arbitration, following resignation of previous chair in face of challenge
  Aug 27, 2019
• Kyrgyzstan Round-Up: an update on four arbitrations against the Kyrgyz state
  Aug 27, 2019
• Arbitrators render final award, months after Bulgaria announced end of claim by Oman’s sovereign wealth fund
  Aug 19, 2019
• Co-arbitrators disagree on merits of challenge in investment treaty arbitration
  Aug 15, 2019
• Poland held liable for denial of justice in Elliott hedge fund arbitration; Unanimous Rigo-chaired tribunal sees "egregious" failing by Supreme Court and awards $9.5+ million
  Aug 13, 2019
• Fernandez-Armesto chaired tribunal hearing Gramercy v. Peru bondholder case reaffirms and clarifies its previous non-aggravation order
  Aug 11, 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 08, 2019
• Laos prevails in treaty-based arbitration, as Binnie-chaired tribunal finds bad faith on the part of investor; large payments to witness who failed to appear are looked upon suspiciously
  Aug 06, 2019
• USA submits non-disputing party brief in Peruvian bondholder dispute, stressing importance of procedural requirements and rejecting concept of judicial expropriation
  Jul 17, 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: Drymer-chaired tribunal unanimously rejects intra-EU objection and see control by minority shareholder, but arbitrators disagree on whether or not Estonia breached claimants’ legitimate expectations and right to due process in water dispute
  Jul 12, 2019
• Award (and dissent) from United Utilities v. Estonia arbitration are now available
  Jul 09, 2019
• Colombia round-up: Newly approved bilateral investment treaties, dispute settlement discussions, pleadings and decisions in ongoing arbitrations
  Jul 08, 2019
• US investors' CAFTA claim against Nicaragua now has a tribunal in place, with Luca Radicati di Brozolo tapped to chair
  Jun 26, 2019
• Estonia escapes liability in Dutch bilateral investment treaty arbitration with United Utilities
  Jun 22, 2019
• Award surfaces from ICC arbitration chaired by Jan Paulsson, with tribunal declining jurisdiction due to state-contract having been signed by official who lacked authority
  Jun 16, 2019
• Multi-billion dollar Gazprom v. Ukraine arbitration now has a tribunal in place
  May 26, 2019
• Oxus fails in bid to secure bigger pay-day from Uzbekistan; Paris Court of appeal rejects investor's set-aside bid
  May 16, 2019
• BIT tribunal renders interim measures so that businessman can return home for health treatment; final award now looms in UNCITRAL proceeding
  May 14, 2019
• ANALYSIS: Unpacking the Eskosol v. Italy decision on EU-related jurisdictional issues
  May 08, 2019
• Venezuela challenges Stephan Schill as chair in Kimberly-Clark ICSID arbitration
  May 07, 2019
• Tribunal rejects Achmea objection in ECT claim against Italy and sees no reason to terminate the proceedings even in light of recent EU member state's declaration
  May 07, 2019
• ICSID taps former Freshfields partner to chair annulment committee that will review Kenyan arbitral award
  May 07, 2019
• Parties agree on former ICJ Judge to chair BIT claim that stems from foreign investor's difficulties in collecting on commercial arbitral award
  May 07, 2019
• Tribunals constituted in ICSID cases against Qatar and Turkey
  May 03, 2019
• ICC Tribunal finds in favour of energy consortium in billion dollar tax dispute with Philippines
  Apr 25, 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
• Dutch investor prevails over Vietnam, as tribunal awards $27 million in compensation, $10m in moral damages and sizable legal fees
  Apr 12, 2019
• Croatia found in breach of BIT, but not liable for any damages in dispute over bankrupted express courier
  Apr 11, 2019
• Venezuela annulment decision finally surfaces, shedding light on reasons for upholding of Tenaris & Talta (2) award
  Apr 05, 2019
• Tribunal is finalized to hear Kimberly-Clark's claims against Venezuela
  Apr 01, 2019
• Funder-backed investors seek to overturn tribunal's "black swan" finding that investment treaties contain implicit legality requirement; two tribunals independently reached such a view last year
  Mar 20, 2019
• Poland reportedly prevails in Cypriot investment treaty claim chaired by Bernard Hanotiau at ICC
  Mar 05, 2019
• In heretofore-confidential TRACO v. Poland BIT award, Veeder-chaired tribunal canvases prescription, illegality, estoppel objections, and concurrent causation
  Feb 19, 2019
• Citing need for independence and impartiality of all arbitrators, tribunal frowns on BIT's provision that each party should fund its own arbitrator; similar BIT wording led to unpublicized reversal of costs ruling in Eureko v. Poland case
  Feb 19, 2019
• ANALYSIS: In now-public award, Anglo-Adriatic arbitration against Albania is seen to have been dismissed after tribunal finds that investor does not own purported investment; tribunal also addressed security for costs issue
  Feb 14, 2019
• [UPDATED with award link] Anglo-Adriatic claim against Albania comes to an end after jurisdictional briefing
  Feb 11, 2019
• Tribunal in City-State N.V. v. Ukraine case rejects claimant's application, deeming it an attempt to appeal against earlier award
  Feb 07, 2019
• After challenge by Canadian investor, Loretta Malintoppi resigns as chair of arbitral tribunal
  Feb 06, 2019
• Campbell McLachlan tapped to chair UNCITRAL BIT arbitration
  Feb 06, 2019
• Indian court defers to arbitrators by refusing to enjoin Mauritian investor Khaitan Holdings' BIT arbitration against India, but then muses on jurisdictional and merits issues in the dispute [UPDATED]
  Jan 30, 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
• Hanotiau, Tercier, and Fortier brought in to hear next phase of long-running BIT arbitration, following departure of original tribunal
  Dec 13, 2018
• Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations
  Dec 05, 2018
• Investor seeks disqualification of Loretta Malintoppi in Gran Colombia v. Colombia FTA arbitration
  Nov 27, 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
• Tribunal finalized to hear FTA arbitration arising out of controversial mine investment, with Loretta Malintoppi chosen to chair proceedings
  Nov 02, 2018
• ANALYSIS: In Kenya award, tribunal reads legality requirement into investment treaty and ICSID Convention, and dismisses claims based on mining license that was issued at eleventh hour before change in government
  Oct 24, 2018
• Kenya wins BIT arbitration, as Binnie-chaired tribunal finds that miner failed to comply with local environmental legislation requirement; separate corruption defence frowned on
  Oct 23, 2018
• Russia fails to set aside Crimea-related investment treaty awards on jurisdiction in Swiss court
  Oct 16, 2018
• Swiss Federal Supreme Court declines enforcement of investment treaty award, finding no “substantial link” to Switzerland in underlying dispute
  Oct 14, 2018
• Looking Back (4 of 4): In final Amco Asia v. Indonesia award, investors’ expulsion from hotel warrants no specific compensation, but license revocation does; ad hoc committee annuls a supplementary decision adopted without hearing the parties fully
  Oct 14, 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
• ICSID tribunal decides that it does not have the power to stay the enforcement of its award while a supplementary decision request is pending
  Oct 01, 2018
• Central Asia round-up: New developments related to investor claims against Kazakhstan and Kyrgyzstan
  Sep 29, 2018
• Crowded out of spotlight due to myriad of high-profile claims against Indian state, a series of BIT claims by Indian investors advance with less fanfare
  Sep 24, 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
• Arbitrators order parties in Gramercy v Peru case to refrain from aggravation of dispute  
  Sep 04, 2018
• Foreign investor asks arbitrators to enjoin Philippines Supreme Court proceedings
  Sep 03, 2018
• Arbitrators reject Colombia's bid to have certain objections heard at outset of key mining case (Eco Oro)
  Aug 27, 2018
• ANALYSIS: Annulment committee in Standard Chartered v. TANESCO says ICSID tribunal can reconsider earlier jurisdictional decisions under Kompetenz-Kompetenz power
  Aug 24, 2018
• Ukraine held liable for breach of bilateral investment treaty due to state's failure to protect investors' funds in financial institution
  Jul 31, 2018
• Peru wants arbitrators to restrain U.S. hedge fund from certain publicity activities, but denies that it is seeking an interim measures order 
  Jul 26, 2018
• Korea round-up: An update on six investment treaty disputes against South Korea
  Jul 25, 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
• Three are named to hear Mauritian investor’s treaty claim against Madagascar
  Jun 26, 2018
• Tribunals constituted for arbitration claims against Hungary and Ivory Coast - with Binnie and Fathallah in chairs
  Jun 07, 2018
• Arbitrator recuses himself from deciding challenge to a colleague, paving way for Chairman of ICSID Administrative Council to issue ruling - and dismiss challenge to Stanimir Alexandrov
  May 30, 2018
• In now-public Masdar award, tribunal says Achmea ruling has “no bearing” upon ECT dispute, finds that Spain reneged on specific commitments, but disagrees on appropriateness of discounted cash-flow method  
  May 20, 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
• As ICSID award looms, claimant in water utility tariff dispute files a parallel claim with the European Court of Human Rights
  May 17, 2018
• Beechey, Born and Stern agree on FET breach, but not on damages; tribunal opines that recent ECJ judgment has "no bearing upon" Energy Charter Treaty-based claims
  May 17, 2018
• Another loss for Spain, as arbitrators rule in favour of Abu Dhabi-owned company
  May 16, 2018
• Bernard Hanotiau tapped to chair investor claim against Montenegro
  May 10, 2018
• As sanctions bite on Russian oligarch, ICSID Ad-hoc Committee dismisses effort to overturn award in Montenegro case
  May 02, 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
• Vaughan Lowe tapped to chair latest claim against Turkmenistan
  Apr 06, 2018
• Singaporean investor takes u-turn in BIT arbitration with Indonesia, leading to split tribunal order
  Mar 22, 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
• Disqualification decision surfaces in Blue Bank v. Venezuela, clarifying reasons why Castellanos Howell survived challenge; repeat appointments by ICSID raise no doubts over impartiality
  Mar 14, 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: Spain immediately seeks to test whether ECJ judgment reaches to Energy Charter Treaty cases; however request to reopen two closed proceedings also raises specter of arbitrator challenge
  Mar 09, 2018
• Hedge fund's bond claim against Peru moves into gear, as a chair is finally chosen for $1.6 billion arbitration
  Mar 01, 2018
• Juan Fernández-Armesto is tapped to chair UNCITRAL BIT claim against Belarus
  Feb 12, 2018
• An update on arbitrator challenges, resignations, and un-resignations
  Feb 06, 2018
• Tribunal is now in place for arbitration arising out of Uzbek textiles venture, with Vaughan Lowe in the chair
  Jan 30, 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
• (UPDATED) ICSID Annulment Roundup: Three are named to hear latest Pey v. Chile phase and Teinver v. Argentina challenge, Venezuela hopes to roll back $800+ million in awards, and Eurogas & Belmont challenges Slovak award
  Dec 21, 2017
• BIT arbitration is revived after arbitrators find material breaches by government of earlier settlement, including commitment to desist with ongoing criminal investigations
  Dec 17, 2017
• North Africa round-up: new developments in investment treaty cases in Libya, Algeria and Tunisia
  Dec 13, 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
• 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
• ICSID taps Alexandrov to chair Oleovest v. Indonesia arbitration
  Dec 01, 2017
• INVESTIGATION: Further Russia investment treaty decisions uncovered, offering broader window into arbitrators' approaches to Crimea controversy
  Nov 17, 2017
• Another BIT claim against Egypt proceeds along less-visible UNCITRAL pathway
  Nov 13, 2017
• Austria prevails, as Pryles-chaired tribunal dismisses claims under Maltese investment treaty
  Nov 01, 2017
• India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
  Nov 01, 2017
• Three are named to review award in Orascom TMT v. Algeria
  Oct 30, 2017
• Rolf Knieper once again tapped by ICSID to preside over an annulment committee
  Oct 21, 2017
• Unsuccessful claimant now seeking to overturn arbitral ruling that found an abuse of rights
  Oct 04, 2017
• Arbitrators in Lone Pine v. Canada case allow one NGO to file a brief in NAFTA fracking arbitration
  Sep 12, 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
• In-Depth: with publication of final award, tribunal’s reasons for dismissing EuroGas & Belmont v Slovakia case come into focus
  Sep 01, 2017
• Italy claims: A trio of Energy Charter Treaty arbitrations emerge in Stockholm, a tribunal is appointed at ICSID, and some repeat-players are beginning to emerge
  Aug 24, 2017
• In lead-up to hearings in Lone Pine v. Canada NAFTA fracking arbitration, USA and Mexico offer views (and some support for certain of Canada's positions), while potential amici seek leave to intervene
  Aug 22, 2017
• Slovakia prevails in Eurogas Inc and Belmont Resources arbitration, as arbitrators dismiss all claims under US and Canadian BIT
  Aug 21, 2017
• Daniel Bethlehem to chair Iraq case that relies on bilateral investment treaty and OIC investment agreement
  Aug 17, 2017
• Russia turns to Canadian and Swiss courts, seeking to set aside a pair of Yukos "second-wave" Energy Charter rulings - but Swiss bid is deemed premature
  Aug 10, 2017
• Balkans update: a new claim for Kosovo and a tribunal is set for Albania arbitration
  Jul 23, 2017
• An update on disputes under the Russia-Ukraine BIT
  Jul 06, 2017
• In newly unearthed Uzbekistan ruling, exorbitant fees promised to consultants on eve of tender process are viewed by tribunal as evidence of corruption, leading to dismissal of all claims under Dutch BIT
  Jun 22, 2017
• In an innovative award, arbitrators pressure Uzbekistan – under threat of adverse cost order - to donate to UN anti-corruption initiative; also propose future treaty-drafting changes that would penalize states for corruption
  Jun 22, 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
• Arbitrators express doubts about a right to security for costs, but bankrupt claimant's "after-the-event" insurance policy obviates any need to rule definitively
  Jun 14, 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
• Italy fails to secure summary dismissal of Eskosol solar case, despite protests that it defeated "identical" ECT claim by investor's majority shareholder
  May 22, 2017
• ICSID Annulment Round-Up: requests filed in relation to awards involving Italy, Hungary, Argentina and Venezuela
  May 03, 2017
• INVESTIGATION: As fight continues over $1bil award, Libya facing at least a dozen investment treaty arbitrations - possibly more - in aftermath of Arab Spring
  Mar 31, 2017
• In a supplementary decision, Pac Rim tribunal grants El Salvador’s request for post-award interest
  Mar 28, 2017
• UNCITRAL tribunal is finalized to hear Russian oligarch's BIT claim
  Mar 27, 2017
• In jurisdiction ruling, arbitrators rule that Russia is obliged under BIT to protect Ukrainian investors in Crimea following annexation
  Mar 09, 2017
• Challenge to Brigitte Stern is rejected in Greece arbitration; effort was latest of at least eight attempts by claimants to dislodge her from tribunals
  Mar 08, 2017
• Lucy Reed appointed to chair BIT arbitration against Sri Lanka
  Mar 08, 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
• Energy Charter Treaty claim against Croatia now has a full tribunal in place
  Feb 23, 2017
• Balkans Round-Up: new disputes for Albania and Croatia; updates on other pending investor-state arbitrations in the region
  Feb 20, 2017
• In second-wave Yukos arbitration, McLachlan and Rowley see Russia as provisionally bound by Energy Charter Treaty
  Feb 16, 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
• New faces will hear resubmitted claim for higher damages in Teco v. Guatemala case, with Vaughan Lowe now in the chair
  Feb 12, 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
• In new award in second Tenaris case, arbitrators weigh in on the effects of Venezuela’s denunciation of ICSID Convention - and then find the state liable for BIT breach
  Feb 01, 2017
• Damages: in second case brought to ICSID by Tenaris and Talta, a discounted cashflow (DCF) valuation is embraced by arbitrators
  Feb 01, 2017
• Veeder chosen to chair tax dispute between Shell-led consortium and the Philippines
  Jan 27, 2017
• Tribunal is finalized, with Rigo Sureda in chair, to hear Mauritius property dispute centered on UNESCO World Heritage site
  Jan 27, 2017
• ANALYSIS: arbitrators in Urbaser v. Argentina water dispute deviate from prior Impregilo award on necessity and damages
  Jan 12, 2017
• UNCITRAL tribunal rejects Croatia's contention that bribery underlay key contracts; parallel Energy Charter Treaty claim remains ongoing at ICSID
  Jan 02, 2017
• ANALYSIS: ICSID committee highlights importance of public reason-giving by investment tribunals, in part-annulling Tidewater award
  Dec 29, 2016
• Breaking: ad-hoc committee finds that tribunal failed to state reasons in Venezuela award and annuls part of damages award
  Dec 28, 2016
• Tribunals are finalized to hear claims against Greece and Venezuela
  Dec 23, 2016
• Venezuela hit with $160 million award (including pre-award interest) in second of two cases brought by Tenaris
  Dec 13, 2016
• El Salvador requests supplementary ruling in Pac Rim dispute, seeking an order of post-award interest
  Dec 05, 2016
• Revisiting earlier award, tribunal in Montenegro case concedes that it had omitted to decide on some claims but finds no additional treaty breach
  Nov 09, 2016
• NAFTA fracking case has a new timetable, as hearings loom next year
  Nov 09, 2016
• ANALYSIS: in long-awaited Pac Rim award, tribunal finds that investor held no domestic law rights to ground alleged breaches of investment statute
  Oct 16, 2016
• El Salvador prevails in long-running "Pacific Rim" arbitration
  Oct 14, 2016
• Singapore appeals court restores arbitral finding that Chinese investment treaty extends to Macau
  Oct 02, 2016
• In-depth: unpacking the reasons why an ICSID annulment committee has just declined to overturn award in Greek bonds case
  Oct 02, 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
• ANALYSIS: where do matters stand with respect to Energy Charter Treaty claims against Spain?
  Sep 28, 2016
• ANALYSIS: Reasons are revealed for rejection of challenge to Brigitte Stern based on multiple arbitral appointments
  Sep 26, 2016
• ANALYSIS: in CEAC v. Montenegro, arbitrators differ over meaning of BIT provision requiring investor to have a "seat" in home-state
  Aug 02, 2016
• Montenegro defeats $600 million investor claim after claimant fails to prove it meets BIT's heightened criteria for protected investors
  Jul 27, 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
• 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
• Arbitrators picked for latest arbitration by Standard Chartered Bank over Tanzanian power project
  May 24, 2016
• ICSID tribunal bars parties in Estonian water dispute from publicly releasing legal filings, but leaves door open to some general commenting on the case
  May 16, 2016
• In MNSS v. Montenegro award, arbitrators look at conduct of bankruptcy administrator, police and judiciary - seeing one discrete breach, but no damages
  May 15, 2016
• In new BIT award, arbitrators scrutinize investors' complaints about conduct of their local bank - and the state's responsibility for alleged harms
  May 15, 2016
• Arbitrators grapple with purported contractual waiver of BIT rights, and judge whether two domestic statutes offer advance consent to ICSID arbitration
  May 15, 2016
• Laotian casino investor goes back to ICSID tribunal with allegations of settlement breach, and files a second BIT arbitration
  May 05, 2016
• ANALYSIS: As domestic courts second-guess arbitral verdicts in past Yukos cases, three more tribunals are currently assessing whether they have jurisdiction over Russia under ECT
  Apr 25, 2016
• In now-public award, Oxus v. Uzbekistan tribunal analyses rights to negotiate, scope of umbrella clause and illegality objection
  Apr 20, 2016
• ANALYSIS: tribunal dismisses all but discrete tax stabilization claim in Oxus case; saw no footing in BIT for Uzbekistan's counterclaim
  Apr 20, 2016
• Balkans update: unpublicized treaty cases come to light - Medusa v. Montenegro and Civis v. Serbia - and an arbitrator challenge to Jernej Sekolec shakes up an ad-hoc tribunal
  Apr 19, 2016
• UPDATED WITH FULL ANALYSIS: Burundi liable for not protecting real estate investment of Belgian businessman, but nets very little compensation for BIT breach
  Apr 15, 2016
• Oxus v Uzbekistan award comes to the surface, four months after the fact
  Apr 12, 2016
• INVESTIGATION: Lithuania denies FOI request, but intra-EU award in Luigiterzo Bosca case ultimately surfaces and sheds light on how a tender-bidder had BIT-protected investment
  Mar 17, 2016
• ANALYSIS: Award deems a state's unilateral denunciation of BIT to have been defective, but appears to overlook fact that parties later concurred on termination
  Mar 17, 2016
• IN-DEPTH: move by bureaucrats to peremptorily end contract talks flouts legitimate expectations; at costs phase, claimant's use of costlier international law firm is defended
  Mar 17, 2016
• Law firm ties of ICSID arbitrators spur recent resignations from tribunals
  Mar 09, 2016
• In NAFTA fracking case, Canada lays out full defence, seeing no treaty-protected property rights owned by investor
  Feb 29, 2016
• Bulgaria round-up: As two tribunals are constituted to hear claims against the state, authorities lock down arbitral award in a third case
  Feb 23, 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
• Oxus Gold comes up short in bet-the-company arbitration against Uzbekistan
  Jan 03, 2016
• 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
• Eurogas fights Slovakia's attempt to deny benefits of U.S.-Slovakia treaty - and elaborates on jurisdiction and merits case in new pleading
  Nov 23, 2015
• Tribunal finalized to scrutinize Austria's treatment of investor in financial institution - and whether authorities' prolonged criminal investigations breach BIT protections
  Nov 20, 2015
• Former Canadian Supreme Court Justice to chair investor claim against Kenya arising out of mining license cancellation
  Nov 20, 2015
• Russia claims round-up: Swiss company is latest to invoke investment treaty rights against Russian Federation, as treaty claims mount
  Nov 03, 2015
• Disagreement over domestic law underpins Occidental partial annulment, while challenges to 2008 jurisdictional decision are rejected
  Nov 03, 2015
• In new BIT award, claimant, Guardian Fiduciary Trust Ltd, fails to convince tribunal that its complicated ownership structure meets control criterion of Dutch treaty
  Oct 12, 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
• Summer Recap: Catching up on recent developments in the investment treaty arbitration sphere
  Sep 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
• Claimants allege expropriation in Slovakia talc mine case, as state invokes denial of benefits clause and questions ownership of investment under domestic law
  Aug 03, 2015
• ICSID tribunal orders identification of third-party funder, but denies state’s request for security for costs and claimants’ request for provisional measures
  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
• Libya faces at least two new investment treaty arbitrations
  Jul 22, 2015
• INVESTIGATION: as Yukos enforcement grabs headlines, Russia has faced at least 10 new treaty arbitrations since 2012, with others threatened
  Jul 14, 2015
• Tidewater award survives Venezuela's request for revision of damages
  Jul 12, 2015
• Iron ore dispute in Mauritania is moving forward after ICSID taps former State Dept lawyer to chair arbitration
  Jul 03, 2015
• Prospect of an intra-EU BIT objection by respondent-state is not enough to justify bifurcating jurisdictional phase of arbitration
  Jul 03, 2015
• Arbitrators reject ICSID claimant's contention that Government of Laos breached earlier settlement of BIT claims
  Jun 16, 2015
• Brigitte Stern's co-arbitrators weigh in with their verdict on a bid to remove her from Venezuela case
  Jun 15, 2015
• One of three ICSID Argentine bond arbitrations collapses due to lack of funding
  Jun 02, 2015
• Korea round-up: Lone Star case reaches hearings, as at least two other investment treaty claims loom
  May 18, 2015
• Investors eschew diplomatic niceties in bid to disqualify arbitrator- a tactic that carries great risk, but occasional reward
  May 12, 2015
• In new pleading, Lone Pine questions "environmental" bona fides of decision to cancel fracking exploration permit, and offers a DCF valuation of its losses
  May 07, 2015
• Arbitrators in NAFTA fracking case confirm open hearings, and resolve dispute between parties as to whether proceedings shall be in French or English
  May 01, 2015
• UPDATED: Sovereign debt arbitration against Greece is dismissed by ICSID tribunal
  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
• Arbitrators named in Argentina, Hungary cases - and Schreuer's replacement is selected in Montenegro arbitration
  Apr 09, 2015
• In hitherto unpublished ruling, Greenwood/Stern tribunal reject plea that intra-EU BIT was implicitly terminated under VCLT due to EU accession
  Apr 02, 2015
• Tribunal's full reasons - and EC's amicus brief - on intra-EU BIT compatibility issue finally come to light in EURAM v. Slovakia case
  Apr 02, 2015
• Arbitrators interpret BIT arbitration clause narrowly, and point to Australia as example of state not viewing investor-state arbitration as essential to investment protection
  Apr 02, 2015
• Full reasons emerge for tribunal's dismissal of BIT arbitration due to investor's prosecution of a parallel BIT claim in domestic court
  Apr 02, 2015
• On heels of bruising NAFTA loss in Bilcon case, Canada offers first sketch of its defence to "Lone Pine" fracking arbitration
  Mar 30, 2015
• European claims update: tribunals finalized in Estonia, Albania and Spain arbitrations
  Mar 24, 2015
• ICSID Arbitrators decline certain provisional measures requests made by investor in Laotian casino dispute
  Mar 19, 2015
• In-Depth: as $3 billion of ICSID arbitral debt piles up on Venezuela, arbitrators are seen to disagree on key factors affecting compensation
  Mar 16, 2015
• Arbitrators in Tidewater v. Venezuela award identify six key variables in DCF valuation of seized business
  Mar 16, 2015
• Another expropriation ruling against Venezuela, as ICSID arbitrators award Tidewater $60 million (inclusive of pre-award interest)
  Mar 15, 2015
• Canada's NAFTA Chapter 11 claims: An update on eight cases, including Lone Pine (fracking), Eli Lilly and Windstream Energy
  Jan 30, 2015
• Arbitral tribunals constituted in three cases: EuroGas v. Slovakia, City-State v. Ukraine and InfraRed v. Spain
  Jan 21, 2015
• 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
• Venezuela Update: an arbitrator is challenged, and a new case is initiated
  Jan 20, 2015
• Laos casino dispute lurches back to life, as arbitrators find that they have jurisdiction to determine if settlement was breached
  Jan 05, 2015
• INVESTIGATION: latest developments in the six pending BIT arbitrations against India (and in other threatened disputes)
  Dec 11, 2014
• Croatia fails in bid to argue that umbrella clause carve-out should knock out claim; UNCITRAL tribunal finalized in separate case
  Dec 03, 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
• El Paso annulment committee downplays novelty of ‘creeping’ FET violation, rubber-stamps tribunal’s necessity analysis
  Sep 25, 2014
• In lead-up to closed-door hearings in Pac Rim v. El Salvador case, parties' latest briefs see new arguments on estoppel and proportionality
  Sep 08, 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
• 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
• Funder-backed claim falls short again: one arbitrator saw abuse, another saw no "contribution", and annulment committee declines to overturn
  Jul 15, 2014
• In new annulment ruling, ultimate vote is what matters in collegial adjudicative contexts - not how each arbitrator reasoned their way there
  Jul 15, 2014
• ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
  Jul 15, 2014
• Updates on Oxus v. Uzbekistan, Stans Energy v. Kyrgyzstan, and Standard Chartered v. TANESCO arbitrations
  May 09, 2014
• Argentina-Repsol settlement pact stipulates that ICSID won't be used for any future arbitrations
  Apr 30, 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
• Parties agree on a chairman for Energy Charter Treaty arbitration between MOL Hungarian Oil and Gas Company Plc and Croatia
  Apr 21, 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
• Newly-obtained ICC award in East Cement v. Poland case sheds further light on shifting of costs onto investor for abandoned investment treaty claim
  Mar 27, 2014
• Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans"
  Mar 11, 2014
• Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute
  Mar 06, 2014
• UNCITRAL tribunal makes "abuse of process" finding in face of belated move to take on foreign ownership in order to press claims against state
  Feb 25, 2014
• In now-available UNCITRAL award, tribunal chaired by Brigitte Stern says that MFN clause cannot be used to broaden jurisdiction of Germany-Bulgaria treaty
  Feb 25, 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 named for Transglobal v. Panama, Spentex v. Uzbekistan and Federal Elektrik v. Uzbekistan arbitrations
  Feb 23, 2014
• Bulgaria obtains enforcement of costs award; court dismisses investor's belated allegation of arbitrator bias due to issue-conflict
  Feb 14, 2014
• $20+ million Impregilo award against Argentina withstands annulment attempt; committee won't second-guess majority's decision to take jurisdiction via MFN clause
  Jan 26, 2014
• Parties to Greek sovereign debt case agree to fast-track jurisdictional objections, so that merits phase can play out as scheduled in 2015-16
  Jan 21, 2014
• El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections
  Jan 19, 2014
• In new procedural decision, arbitrators in Greek sovereign debt case clarify possible merits process
  Jan 19, 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
• Bulgaria disputes: German investor's BIT claim is dismissed by tribunal chaired by Brigitte Stern; meanwhile, tribunal in separate treaty case at ICSID is constituted
  Dec 12, 2013
• Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants
  Nov 01, 2013
• Tribunal is named to hear ICSID arbitration claim by foreign bondholders against Greece
  Oct 22, 2013
• Former ICJ Judge is tapped by parties to chair Joseph Houben v. Republic of Burundi arbitration at ICSID
  Oct 22, 2013
• After much effort, a tribunal is finalized in UNCITRAL arbitration pitting Russian and Cypriot telecoms investors against India
  Oct 16, 2013
• ICSID tribunals are picked in Slovenia highway dispute and Tunisia oil dispute
  Oct 16, 2013
• Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif
  Sep 30, 2013
• Arbitrators dismiss claim against Romania because investor failed to exhaust remedies or comply with a local litigation requirement in treaty
  Sep 12, 2013
• Former claimants in discontinued ICSID case seek enforcement of a new LCIA costs award against third-party funder Juridica
  Sep 12, 2013
• Tribunals finalized to hear second arbitration by Tenaris and Talta against Venezuela, as well as by RSM against Saint Lucia
  Aug 08, 2013
• Argentina Update: arbitrators finalized to hear Repsol’s claims for nationalization; Exxon claim proceeds to damages phase after liability ruling
  Jul 17, 2013
• ICSID round-up: profiling new claims against Slovenia, Costa Rica, Venezuela and Egypt
  Jun 18, 2013
• Panelists named in Honduras and Macedonia disputes at ICSID
  May 30, 2013
• Lithuania update: Italian investor was denied FET in tender process, but tribunal not persuaded that $250 million in losses can be hung on state
  May 28, 2013
• Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
  May 15, 2013
• Lone Star claim against South Korea has an arbitral tribunal in place
  May 13, 2013
• Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
  Apr 25, 2013
• Tribunals named in three bank nationalization claims vs. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement
  Apr 16, 2013
• In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle
  Apr 16, 2013
• Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos
  Apr 03, 2013
• Investor agrees to settle NAFTA claim against Canada; effort to build controversial quarry comes to an end as Province agrees to pay out 2/3rd of sums invested
  Mar 12, 2013
• ICSID tribunal rules that Tidewater did not restructure Venezuelan assets in an abusive fashion; however, some claims are beyond tribunal’s jurisdiction
  Feb 12, 2013
• Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets
  Jan 18, 2013
• In two recent arbitrations, Prof. William W. Park holds that wholly passive ownership is not enough for claimants to enjoy investment treaty protection
  Jan 18, 2013
• Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture
  Jan 17, 2013
• UNCITRAL tribunal chaired by Christopher Greenwood declines to let claimant use MFN clause to detour around highly-restrictive arbitration clause
  Jan 17, 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
• 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
• Oxus says that UNCITRAL tribunal has recognized its standing to arbitrate with Uzbekistan
  Nov 14, 2012
• Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law
  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
• Arbitral tribunal selected to hear Canada’s bid to deny NAFTA benefits to U.S. company
  Sep 19, 2012
• Poland prevails in intra-EU BIT case; UNCITRAL arbitration chaired by V.V. Veeder rejects mistreatment claims of German investor
  Sep 16, 2012
• Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
  Sep 02, 2012
• Venezuela Claims Round-up: Nine new investor-state arbitrations registered in the months preceding ICSID withdrawal
  Sep 02, 2012
• Will eight arbitrators be enough to draw a line under U.S. oil company’s windfall levy dispute with Ecuador?
  Jun 19, 2012
• ANALYSIS: Choice of BIT arbitration over contractual remedies fails to pay off in Ulysseas v. Ecuador case; stabilization clause also hurts case
  Jun 18, 2012
• Ulysseas v. Ecuador award discusses discriminatory & arbitrary treatment, “temporary” expropriation, and lease-model for damages calculation
  Jun 18, 2012
• Another disappointment for Elliott Associates, as Ecuador defeats $56 Million investment treaty claim
  Jun 13, 2012
• In new arbitral award, Fortier, Stern and Alvarez diverge with respect to German investor’s claims against Czech Republic
  Jun 11, 2012
• At least seven Czech Republic investment treaty awards remain unpublished
  Jun 11, 2012
• ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute
  Jun 05, 2012
• ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’
  Jun 04, 2012
• ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador
  Jun 04, 2012
• Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute
  Jun 03, 2012
• Bid by U.S. oil company to claim that Ecuador’s 2006 windfall levy breaches investment treaty continues slow, torturous path to arbitration
  Mar 28, 2012
• ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Murphy v. Ecuador case?
  Mar 28, 2012
• ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?
  Mar 28, 2012
• Miner secures funding for expropriation claim against Uzbekistan; at least three types of funding seen in cases to date
  Mar 04, 2012
• Newly-published award finds Argentina treated El Paso Corporation “unfairly”, but arbitrators take state-friendly reading of some investment treaty protections
  Jan 29, 2012
• ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of “creeping” unfair treatment
  Jan 29, 2012
• El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages
  Jan 29, 2012
• ANALYSIS: Latest split amongst ICSID arbitrators over Argentina’s necessity defense in El Paso case reflects wider chasm; role of “state practice” in treaty interpretation also studied
  Jan 29, 2012
• Arbitral award in El Paso v. Argentina ICSID arbitration now available for download
  Jan 13, 2012
• Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
  Jan 13, 2012
• Tribunal selected to hear UNCITRAL treaty claim arising out of Central Asian (Uzbekistan) mining dispute
  Jan 13, 2012
• Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic
  Jan 13, 2012
• 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
• Tribunal rules that Poland should be reimbursed for legal costs in abandoned investment treaty claim by East Cement
  Oct 26, 2011
• Full reasons for ICSID tribunal’s recent dismissal of Venezuelan telecoms claim (Brandes) are revealed
  Aug 15, 2011
• Arbitrators split on jurisdiction over water concession dispute, but agree that Argentina committed some treaty breaches and should reimburse Italian investor for its sunk costs
  Jun 30, 2011
• Majority of arbitral tribunal permits Italian investor to detour around jurisdictional requirement in investment treaty; Brigitte Stern counters that MFN clause cannot be used in this manner
  Jun 30, 2011
• Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
  Jun 30, 2011
• ICSID Secretary-General says threshold is high for challenges to arbitrators in Venezuelan oil services arbitration, as efforts to disqualify Brigitte Stern and Guido Santiago Tawil are rejected
  Jun 03, 2011
• Arbitrators rule that Mongolian windfall tax does not breach investment treaty protections owed to Russian gold mining investors
  May 03, 2011
• ANALYSIS: In Mongolia mining arbitration, local hiring law does not breach treaty; certain actions of central bank are attributable to state, and lead to one treaty breach of Russian treaty
  May 03, 2011
• ANALYSIS: Arbitrators wrestle with questions of their jurisdiction over events occurring before treaty’s entry into force; counter-claims by Mongolia also raised in mining dispute
  May 03, 2011
• ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
  May 03, 2011
• ANALYSIS: Tribunal ruling in GEA v Ukraine offers contrast to earlier ICSID arbitration where non-enforcement of arbitral award was at issue
  Apr 14, 2011
• Tribunal rejects claim that an ICC arbitral award is a protected investment under (Germany-Ukraine) investment treaty
  Apr 11, 2011
• Tribunal constituted in ad-hoc arbitration brought by Italian businessman against Lithuania citing flawed privatization tender process
  Feb 01, 2011
• AES seeks to annul losing verdict in energy dispute with Hungary
  Feb 01, 2011
• Documents of interest
  Feb 01, 2011
• UNCITRAL Claim by U.S. Hedge Fund clears jurisdictional hurdle in fight over Ecuador electricity investments; Ecuador sought to deny benefits of U.S. investment treaty
  Dec 16, 2010
• ICSID tribunal deems Central African Republic oil contract to have ended; U.S. investor obtained default judgment in U.S. Court against C.A.R. leaders over bribe allegation
  Dec 16, 2010
• One challenge to oft-appointed arbitrator Prof. Brigitte Stern is rejected (in Slovak case), but others arise
  Nov 25, 2010
• Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word
  Sep 28, 2010
• 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
• Details come to light of final ruling in German investor’s arbitration with Ghana; fraud allegations do not preclude jurisdiction, but could be relevant to merits
  Sep 28, 2010
• ANALYSIS: Some actions affecting German investor are not attributable to Republic of Ghana; others don’t give rise to treaty violations
  Sep 28, 2010
• Preliminary Objections cleared away in Pacific Rim's CAFTA mining claim, more battles over jurisdiction may loom
  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 order that (Bolivian) criminal proceedings be suspended
  Apr 09, 2010
• Majority of ICSID panel declines jurisdiction over ancillary claim in Georgian gas dispute
  Dec 21, 2009
• Not for the first time, ICSID panelists split on whether a colleague should be recused; Chairman of ICSID Council rules that arbitrator shall stay in Gabon case
  Dec 21, 2009
• Gabon challenges arbitrator on basis of his chairing previous arbitration
  Sep 02, 2009
• Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments
  Jul 17, 2009
• Arbitrator steps down following challenge by Romania at ICSID; replacement appointed by S & T Oil Equipment
  May 11, 2009
• Romania challenges arbitrator whose law firm represents investor with separate potential claim against Romania
  Apr 17, 2009
• New US investor files BIT arbitration against Georgia; meanwhile, tribunal in Itera v. Georgia is chosen
  Dec 17, 2008
• Arbitrators in UNCITRAL BIT case order Mongolia to suspend windfall tax on Russian mining co. while case is heard
  Oct 01, 2008
• Argentine claims by BP & Pan-American to be dropped; earlier jurisdictional rulings had stoked umbrella clause debate
  Jul 01, 2008