Albert Jan van den Berg - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Albert Jan van den Berg

• Analysis: Tribunal majority finds that China’s investment treaty with Singapore limits investment arbitration to disputes over the amount of compensation for expropriation; dissenter considers that BIT was not properly interpreted
  Feb 27, 2023
• AsiaPhos v. China tribunal issues its award, with a tribunal majority seeing no scope to rule on existence of expropriation under arbitration clause limited to disputes involving the amount of compensation for expropriation
  Feb 24, 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
• Costa Rica announces settlement of hydropower dispute at ICSID
  Feb 16, 2023
• [Updated with a copy of the Award] Tribunal majority dismisses NAFTA claim arising out of revocation of fracking permit
  Nov 22, 2022
• ECT tribunal majority rejects Spain’s reconsideration request based on intra-EU jurisdictional objection; dissenter opines that Komstroy Decision is a “game changer”, warranting dismissal of the case for lack of jurisdiction
  Oct 25, 2022
• Three are in place to hear renewables claim against Costa Rica
  Oct 25, 2022
• Analysis: NAFTA/ICSID tribunal hearing limestone quarrying dispute with Mexico issues unanimous non-aggravation order, but splits on admissibility of ancillary claim
  Sep 19, 2022
• Albert Jan van den Berg is tapped to chair oil and gas arbitration against Romania
  Aug 24, 2022
• Singaporean investors secure funding for treaty claim against China
  Aug 22, 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 issues provisional measures order in NAFTA case against Mexico, as underlying limestone quarrying dispute heats up despite advanced stage of the arbitration process
  Jul 13, 2022
• Breaking: Guinea claims that Kaufmann-Kohler chaired tribunal dismissed blockbuster Simandou arbitration on grounds of corruption
  May 20, 2022
• Analysis: Tribunal majority finds that conduct by Guatemala’s tax authority did not breach FET standard; jurisdiction is upheld despite sale of the investment before arbitration started
  Jan 18, 2022
• Treaty award in power distribution dispute with Guatemala comes to light
  Jan 17, 2022
• UK High Court sets aside award that declined jurisdiction over claims against Kazakhstan, finding that the state is bound by the Canada-USSR BIT
  Dec 24, 2021
• Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties
  Nov 11, 2021
• United States and Canada chime in on NAFTA limestone quarry case, commenting on minimum standard of treatment, most-favoured nation clause, and the distinction between direct and reflective losses
  Nov 05, 2021
• [Updated] Vattenfall asks for discontinuance of ICSID arbitration against Germany, after settlement enters into force
  Nov 02, 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
• (Updated) Cascade v. Turkey tribunal expresses concern about the state’s treatment of opposition media, but it ultimately declines jurisdiction after finding that the investor engaged in an abuse of process
  Oct 18, 2021
• Turkey prevails on jurisdiction in media arbitration arising out of failed 2016 coup
  Sep 22, 2021
• Revealed: Three are in place to hear treaty-based claim against China
  Jul 30, 2021
• Eduardo Zuleta is tapped to chair mining claim against Mongolia
  Jul 09, 2021
• Revealed: Decade-old awards reveal that Tercier-chaired tribunal upheld jurisdiction over a round-trip investment under the ECT, but ultimately dismissed claims for harassment and discrimination on the merits
  Jun 02, 2021
• Claimants in aviation dispute with Lebanon file for annulment of ICSID award
  May 21, 2021
• Breaking: Germany and Vattenfall settle long-running arbitration dispute arising from nuclear phase-out
  Mar 05, 2021
• Germany’s constitutional court declines Achmea’s request for an order to halt ratification of intra-EU BIT Termination Agreement; PM decision reveals arguments about validity of the CJEU’s Achmea judgment
  Feb 05, 2021
• Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings
  Feb 04, 2021
• Arbitration against Philippines concludes after investor sells stake in offshore gas field
  Jan 26, 2021
• Analysis: El-Jaouni v. Lebanon tribunal declines jurisdiction over domestic claimant in light of BIT definition of “investment”; FET breach results in “tiny fraction” of sums sought, as claimant can’t prove preferred but-for scenario
  Jan 22, 2021
• ICSID arbitration against Lebanon concludes with award on quantum
  Jan 15, 2021
• Looking Back: Arbitrators in Plama v. Bulgaria grappled with denial of benefits and the applicability of MFN clauses to dispute resolution
  Dec 24, 2020
• Public hearings in high-profile Vattenfall v. Germany arbitration discuss valuation and recent Constitutional Court decision
  Nov 22, 2020
• Arbitrators comings and goings: Three replacements and one resignation
  Oct 22, 2020
• Breaking: Tribunal majority dismisses treaty-based claims from Israeli investor in Guatemala’s electricity distribution sector; Guido Santiago Tawil dissents
  Oct 09, 2020
• Small hydro investors lay out their case in ICSID arbitration against Peru
  Sep 29, 2020
• Looking Back: In Enron v. Argentina, arbitrators discussed police powers and necessity exception in times of economic crisis
  Sep 22, 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: Veeder-chaired tribunal finds that Austrian investors made prima facie claims, and rejects intra-EU objection
  Sep 08, 2020
• Jurisdictional award in V.V. Veeder-chaired ad hoc arbitration against Poland comes to light
  Sep 03, 2020
• Majority arbitrators uphold jurisdiction over claims by financial institution which funded renewable energy projects in Spain
  Aug 21, 2020
• OIC round up: An update on pending arbitration cases lodged under the OIC Investment Agreement
  Aug 11, 2020
• Kazakhstan fends off claims by Canadian gold miner, as tribunal finds it is not a successor to USSR BIT
  Aug 04, 2020
• Analysis: Unpacking the reasons why a US court denied Turkey’s renewed §1782 application in support of a treaty-based arbitration
  Jul 24, 2020
• [UPDATED]: Vattenfall tribunal survives second bid by Germany to disqualify all members; PCA Secretary-General offered opinion on all grounds for challenge, including non-suspension during pandemic
  Jul 08, 2020
• Replacement chair is named for high-stakes Chevron v. Ecuador arbitration
  May 20, 2020
• Breaking: Germany files second challenge to all three arbitrators hearing Vattenfall case
  Apr 20, 2020
• ICSID tribunal confirms its “receptivity” to consider evidence obtained through US court proceedings
  Mar 31, 2020
• Breaking: SCC tribunal finds no breach of Energy Charter Treaty by Italy, in latest award to decide renewables claims
  Mar 27, 2020
• Three are in place to hear dispute over Peruvian hydroelectric power project
  Mar 09, 2020
• Turkey round-up: an update on developments in the Ipek, Cascade and Westwater Resources BIT arbitrations
  Feb 03, 2020
• Albert Jan van den Berg tapped to chair UNCITRAL BIT arbitration
  Jan 30, 2020
• Nepal Round-Up: government releases draft model investment treaty, revealing inspiration from Indian counterpart; arbitrators issue provisional measures in pending BIT case
  Dec 20, 2019
• Analysis: In newly-surfaced award, majority allows MFN-import of access to ICSID arbitration, but tribunal ultimately rejects denial of justice and other claims
  Dec 16, 2019
• ICSID steps in and nominates two arbitrators in Nepalese telecoms dispute
  Oct 21, 2019
• Looking Back: Canfor/Tembec/Terminal softwood lumber arbitrations provided early engagement with questions of parallel NAFTA Chapter 11 proceedings
  Oct 10, 2019
• Philippines arbitration round-up: Chevron files BIT claim, as we review seven other arbitrations against the state and its instrumentalities
  Oct 04, 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
• Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
  Mar 19, 2019
• Analysis: reasons are revealed for Germany's attempt to unseat arbitrators in high-stakes nuclear case - and for PCA Secretary General's view that the challenge is unfounded
  Mar 11, 2019
• Germany's bid to disqualify Vattenfall arbitrators is rejected
  Mar 07, 2019
• Looking Back: In newly-disinterred Houston Industries v. Argentina award, ICSID tribunal decided that it lacked power to grant discontinuance request in the face of Argentina's insistence that costs still needed to be resolved
  Mar 01, 2019
• Several African disputes are reportedly resolved, with investment arbitration claims likely to be withdrawn
  Feb 28, 2019
• Looking Back: In LG&E v. Argentina, tribunal accepts Argentina’s necessity defense, partially excusing it from liability, but still orders respondent to pay $50 million+ in damages
  Jan 30, 2019
• An update on the Vattenfall v. Germany arbitration: facing criticism from Germany, ICSID agrees to get non-binding opinion from PCA on pending arbitrator challenge
  Jan 24, 2019
• Looking Back (1 of 2): In Fireman’s Fund v. Mexico, arbitrators applied NAFTA chapter 14 on financial services, and restricted jurisdiction to expropriation claims
  Jan 16, 2019
• Looking Back (2 of 2): In first NAFTA arbitration related to financial services, arbitrators found that the discriminatory rescue of investors during a financial crisis did not amount to an unlawful expropriation
  Jan 16, 2019
• Germany lodges request to disqualify all three arbitrators in Vattenfall nuclear arbitration
  Nov 14, 2018
• In now-public decision, reasoning of German Federal Supreme Court on set aside of BIT award is clarified
  Nov 11, 2018
• In highly-anticipated verdict, German Supreme Court determines that Achmea v. Slovakia award must be set aside in light of the recent European Court of Justice findings on intra-EU BIT arbitration
  Nov 08, 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
• Looking Back (1 of 2): In Thunderbird v. Mexico, majority recognizes the concept of legitimate expectations, but finds that government shut-down of gambling activities did not violate NAFTA
  Oct 30, 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
• In latest investment treaty tribunal ruling on security for costs, arbitrators reject a request, refuse to order disclosure of funding details and are silent on power to order security in relation to already-incurred costs
  Oct 15, 2018
• Vattenfall tribunal issues decision rejecting Germany's post-Achmea jurisdictional objection
  Sep 03, 2018
• An update on investor arbitration claims under the Organization for Islamic Cooperation investment treaty
  Aug 15, 2018
• Looking Back: In Atlantic Triton v. Guinea, arbitrators ordered claimant to post a bank guarantee to minimize risk of double recovery; tribunal saw nothing wrong with claimant's attempt to get provisional measures in French court
  Aug 07, 2018
• Three are named to hear claim by newspaper distributor that was seized by Turkish officials
  Jul 09, 2018
• Judith Gill is tapped to chair Korean investor claim against Vietnam
  Jul 06, 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
• Turkey faces another investment treaty claim following mass seizure of businesses
  May 30, 2018
• Arbitrator comings & goings: Binnie, Bulnes, and Kim are tapped to chair a trio of new proceedings, as Pryles, Cheng and Ramirez-Hernandez resign from cases
  Feb 12, 2018
• Looking Back: ADC v. Hungary established reference to customary international law on compensation for unlawful expropriation, outlined standards for due process, and set precedent for determining compensation at date of award
  Jan 11, 2018
• Investment treaty claim against China is ready to proceed to provisional measures ruling, as three arbitrators are put in place
  Jan 08, 2018
• 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
• Three are named to review award in Orascom TMT v. Algeria
  Oct 30, 2017
• Unsuccessful claimant now seeking to overturn arbitral ruling that found an abuse of rights
  Oct 04, 2017
• Arbitrators in ICC BIT case reject investor's request for interim measures to prevent government from calling on project guarantees
  Sep 27, 2017
• In surfaced award, ICC tribunal held that civil war rendered Libya’s contractual default excusable, but found drawdowns on claimant’s bank guarantees to be a breach of contract
  Sep 27, 2017
• Looking back: In Petrobart v. Kyrgyz Republic dispute, a sales contract does not constitute an investment under the Kyrgyz foreign investment law, but it later finds protection under the Energy Charter Treaty
  Sep 25, 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
• 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
• 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
• Al Jazeera seeks provisional measures in Egypt arbitration, but it remains to be seen whether either side will disclose case-materials
  Apr 07, 2017
• In Depth: in now-public final award, tribunal sees no dramatic change in Canadian patent law to ground Eli Lilly’s claims of NAFTA breach
  Mar 21, 2017
• Breaking: Canada prevails in Eli Lilly arbitration, as tribunal dismisses NAFTA claim
  Mar 17, 2017
• China prevails as arbitrators dismiss Korean investor's ICSID claim for non-compliance with BIT's 3 year claims window; MFN argument also fails
  Mar 10, 2017
• A tribunal is chosen to hear unusual investment treaty arbitration by Al Jazeera Media Network against Egypt
  Feb 23, 2017
• Arbitrators move to close China BIT case after hearing on preliminary objections
  Feb 17, 2017
• World Bank President dismisses bid to disqualify three arbitrators
  Jan 06, 2017
• As Argentine bond case comes to a formal close, arbitrators spar over whether they had failed to render a merits award in a reasonable time
  Jan 04, 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
• In Dunkeld v Belize award, arbitrators reckon with mitigation of damages, DCF cross-checks, and consequences of a breach of a BIT right to arbitrate
  Oct 31, 2016
• Arbitrators find generous long-term contract should factor into valuation of BIT claim because government had apparent authority, if not actual authority, to make it
  Oct 31, 2016
• Vattenfall v. Germany hearings (over nuclear energy phase-out) to be streamed online
  Oct 04, 2016
• ICSID picks Lucy Reed to chair first (known) BIT arbitration to proceed past filing against China
  Sep 04, 2016
• An update on Korean investor Ansung Housing's BIT arbitration against China
  Aug 27, 2016
• UNCITRAL tribunal is finalized to hear second investor claim against Kazakhstan under long-dormant USSR-Canada investment treaty
  Aug 07, 2016
• Centerra goes back to arbitration with Kyrgyzstan over contentious Kumtor gold project
  Jun 01, 2016
• Mexico chimes in on NAFTA interpretation in Eli Lilly v. Canada case
  Mar 23, 2016
• NAFTA pharmaceutical patents case sees U.S.A submission on judicial expropriation, legitimate expectations, and relations with NAFTA intellectual property chapter
  Mar 21, 2016
• Attempted interventions of pharma industry lobby groups and certain academics are nixed in Eli Lilly v Canada NAFTA case
  Feb 25, 2016
• ANALYSIS: as unprecedented number of would-be amicus curiae intervene in Eli Lilly v. Canada NAFTA case, arbitrators face several dilemmas
  Feb 16, 2016
• Third (and largest) of Italian bondholder claims against Argentina is settled; cases blazed a trail, but arbitrators continue to disagree as to scope for ICSID to be used for sovereign debt disputes
  Feb 02, 2016
• Canada raises new jurisdictional objection in Eli Lilly NAFTA case, while investor stands by its judicial expropriation and FET claims
  Jan 07, 2016
• In upholding intra-EU Energy Charter award, Swiss court considers EU state aid issue, as well as umbrella clause reservation and tribunal's damages methodology
  Oct 23, 2015
• Belize moves to settle bitterly-fought telecoms dispute with Ashcroft-linked companies, as well as lesser dispute over electricity provider
  Sep 16, 2015
• Tribunals constituted in ICSID cases against Uzbekistan, Croatia, Lebanon and East Timor, while replacement is named for Venezuela case following arbitrator resignation
  Aug 10, 2015
• Arbitrators let UNCITRAL claim vs. Poland proceed despite investor's failure to comply with notice provision and cooling-off period
  Jun 29, 2015
• In UNCITRAL award, arbitrators refuse to enjoin an expropriation, and later find that mere threat of taking does not breach investment treaty
  Jun 29, 2015
• Germany's openness to ISDS transparency and the Vattenfall arbitration
  Jun 02, 2015
• UNCITRAL tribunal says loan & security agreements are protected BIT investment; no need to wait for local court to decide legality of agreements
  Mar 12, 2015
• In new Belize BIT award, investors fail to demonstrate "fair market value" under expropriation clause, but can fall back on easier-met FET damages test
  Mar 12, 2015
• In new defence pleading, Canada couches Eli Lilly case as an unmeritorious denial of justice claim, and also rejects investor's expropriation claim
  Feb 08, 2015
• VICAT v. Senegal and BSG Resources v. Guinea claims are ready to proceed following finalization of tribunal members
  Feb 08, 2015
• In-Depth: the Fraport v. Philippines (2) award
  Jan 27, 2015
• Belize is held liable and must pay $40+ million for expropriation of loans in relation to much-publicized 2009 telecoms nationalization
  Jan 22, 2015
• ICSID tribunal declines to reverse an earlier reconsideration in Indonesia mining dispute; preliminary hearing of fraud charges will go forward
  Jan 15, 2015
• German court sees no clash between Achmea v. Slovakia arbitral award and EU law, and is unmoved by persistent arguments of European Commission
  Jan 08, 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
• Arbitrators dismiss Fraport's second attempt to hold the Philippines liable for breach of BIT in airport dispute
  Dec 11, 2014
• Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt
  Dec 10, 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
• Despite Egypt's reported desire to settle disputes, two tribunals are finalized in ICSID cases
  Nov 25, 2014
• Eli Lilly sets out case for patent invalidation being deemed an expropriation - rather than non-compensable governmental action
  Oct 19, 2014
• Dutch Supreme Court upholds 2011 BIT award for $96 million rendered in favour of Chevron in lesser-publicized dispute with Ecuador
  Sep 29, 2014
• INVESTIGATION: In recent briefs, European Commission casts doubt on application of Energy Charter Treaty to any intra-EU dispute
  Sep 08, 2014
• Recent developments in three sovereign bond arbitrations against Argentina at ICSID
  Aug 21, 2014
• Canada unveils its defence to Eli Lilly's NAFTA arbitration claim
  Jul 11, 2014
• Now-public 2012 award from Achmea v. Slovakia I case saw tribunal dismiss more jurisdictional objections, including alleged illegality
  Jun 18, 2014
• In Achmea v. Slovakia I award, liability centers on two temporary measures that fall short of expropriation, but breach fair treatment standard
  Jun 18, 2014
• Arbitrators nixed DCF valuation of temporary harms In Achmea v. Slovakia I case, and declined to order state to refrain from future BIT breach
  Jun 18, 2014
• As Eli Lilly v. Canada case kicks off, parties compromise on transparency - and U.S.A. & Mexico confirm rights to attend hearings
  Jun 17, 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
• UNCITRAL Arbitrations Update (Vietnam and Canada): Appointing authorities pick chairs in a pair of investment treaty claims
  Apr 09, 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
• ICSID rejects new Argentine bid to disqualify arbitrators in sovereign debt case; under what circumstances will ICSID turn to "third party" for opinion?
  Feb 05, 2014
• After settling some awards, Argentina takes more fractious path in bond-holders case, with new bid to disqualify arbitrators
  Dec 30, 2013
• In lifting injunctions against two investment treaty arbitrations, Belize Court of Appeal hews to recent Caribbean Court of Justice ruling
  Nov 04, 2013
• German Supreme Court declines to opine on validity of intra-EU bilateral investment treaties
  Oct 18, 2013
• Spectre of state-to-state claim recedes as Belize makes peace with investor-state proceeding (and some transparency)
  Sep 30, 2013
• In June 2013 ruling, Caribbean Court of Justice sees no need for BIT arbitration to be enjoined while domestic claims are pursued
  Jul 31, 2013
• Arbitrators issue decision on Germany’s preliminary objections in nuclear phase-out case; Vattenfall’s Energy Charter Treaty claims to proceed
  Jul 04, 2013
• Slovakia round-up: Tribunals in place for steel plant and (new) health insurance disputes; assets frozen in Luxembourg in bid to collect on 2012 award
  Jun 12, 2013
• Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture
  Apr 25, 2013
• Investor’s nominee resigns in face of alleged “issue-conflict” challenge; Slovak Republic says BIT claim is an abuse of process
  Mar 12, 2013
• Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
  Mar 12, 2013
• Dutch investor, Achmea, seeks to test limits of investment treaty arbitration by asking arbitrators to block state from expropriating its assets
  Feb 08, 2013
• ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v. Indonesia arbitration
  Feb 07, 2013
• Caribbean Court of Justice to rule on anti-arbitration injunction issued by Belize court, as well as on harsh Belizean penalties for thwarting injunctions
  Jan 27, 2013
• Arbitrators selected to hear billion-dollar treaty claim by Vattenfall arising out of Germany’s phase-out of nuclear power generation
  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
• Investor announces victory in intra-EU BIT arbitration with Slovakia arising out of health insurance policy changes
  Dec 10, 2012
• UPDATED: ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru
  Oct 22, 2012
• Swiss lawyer, Gabrielle Kaufmann-Kohler not seeing tail-off in investment treaty appointments in aftermath of bruising 2010 ICSID incident
  Oct 22, 2012
• Cases Closed: ICSID Claims against Senegal and Argentina suspended; Bulgarian case is dropped due to investor’s lack of funding
  Sep 09, 2012
• Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award
  Sep 02, 2012
• ICSID Claim against El Salvador is revived after claimants pursue third-party funding
  Aug 01, 2012
• Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice
  May 08, 2012
• ICSID Round-Up: Two tribunals are selected to hear foreign investor claims against the Philippines
  Mar 14, 2012
• Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
  Feb 07, 2012
• U.S. Court tears up $185+ Million award due to failure of arbitrators to respect treaty’s call for 18 months of local litigation in Argentina
  Jan 17, 2012
• New International Investment Law Works: May 2011 to January 2012
  Jan 13, 2012
• Belize manages to stall trio of treaty arbitrations by foreign investors
  Jan 04, 2012
• Threat of severe sanctions under Belize law exerting chill on debt-collection efforts of foreign investors in telecoms and airport projects
  Jan 04, 2012
• Argentina fails in effort to disqualify arbitrators in sovereign debt arbitration at ICSID
  Dec 31, 2011
• Third arbitrator in Argentine sovereign bonds dispute weighs in with blistering dissent
  Nov 02, 2011
• Grounds are revealed for Argentina’s bid to disqualify arbitrators in sovereign bond default dispute
  Oct 06, 2011
• Investor in Bulgarian refinery asks arbitral tribunal to weigh new evidence that a competitor may have secured state favour via the payment of bribes
  Oct 04, 2011
• Togo fails to overturn ICSID arbitral award; damages owed to French electricity investors amount to 12% of state revenue
  Sep 15, 2011
• Several lessons for third-party funders in Argentine bond-holders arbitral ruling at ICSID
  Aug 19, 2011
• Poland reaches settlement in one long running investment treaty arbitration, but a final award looms in another proceeding
  Aug 19, 2011
• Arbitrators in Argentine bond dispute weigh in on definition of “investments” eligible for arbitration under ICSID system, and take a liberal approach to the requirements that investments be made in Argentine territory
  Aug 19, 2011
• Various objections by Argentina to bond claim are admissibility questions, including scope for mass claims in ICSID system; policy considerations do not deter majority hearing sovereign debt disputes
  Aug 19, 2011
• Arbitrators take lenient approach to need for prior consultation and domestic litigation in Argentine bond case
  Aug 19, 2011
• Majority opinion in ICSID bondholders claim has broader lessons for defaulting sovereigns, fractured tribunals, shareholder groupings, and would-be claimants needing help getting ICSID claims registered
  Aug 19, 2011
• World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
  Aug 07, 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 rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom
  Mar 15, 2011
• Arbitrators uphold jurisdiction over investor claim against Slovakia; dispute over health insurance investments not derailed by Slovak accession to the European Union
  Nov 04, 2010
• Intra-EU BIT cannot be relied upon by EU national for purposes of suing another EU state, says European Commission to arbitral tribunal
  Aug 05, 2010
• Another Argentine crisis award is annulled; ICSID committee strikes down $100+ Million verdict in favour of Enron Corporation
  Aug 02, 2010
• Tribunal selected to hear second CAFTA mining claim against El Salvador
  Jul 02, 2010
• Arbitrators ask European Commission to weigh in on intra-EU BIT validity as states continue to plead that such treaties lapsed upon EU entry
  Jun 27, 2010
• ANALYSIS: D.C. Court rejects arguments of Argentina in bid to set aside BG award; Argentina may have prevailed if full appeal permitted
  Jun 16, 2010
• Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
  May 07, 2010
• Chevron wins first of two arbitrations with Ecuador
  Mar 30, 2010
• Tribunal in massive bondholders case clamps down on public disclosure
  Feb 09, 2010
• Tribunal in massive bondholders case clamps down on public disclosure
  Feb 09, 2010
• ICSID claim by Indonesia state government is declined on jurisdictional grounds
  Jan 16, 2010
• New Books and Articles on Investment Treaty Law: May to December 2009
  Jan 16, 2010
• One arbitrator disqualified, while challenge to another is rejected in UNCITRAL BIT arbitration against Venezuela
  Nov 30, 2009
• Eureko settles one claim with Poland, but quietly pursues a separate health insurance suit against the Slovak Republic
  Oct 14, 2009
• Dominican Republic settles trio of electricity arbitrations
  Sep 19, 2009
• Hungary sees another compensation demand after ending Power Purchase deals at EU behest; UNCITRAL tribunal convened
  Sep 02, 2009
• ANALYSIS: Does independence of judgment demand dissents in some cases?
  Jun 29, 2009
• ICSID Arbitration tribunals appointed in GEA v. Ukraine and Continental Casualty v. Argentina (annulment) proceedings
  Apr 02, 2009
• More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
  Feb 28, 2009
• Tribunal chosen in Stockholm arbitration; Mercuria accuses Poland of breaching Energy Charter Treaty
  Jan 22, 2009
• Tribunal to hear Chevron’s claim that Ecuador lacks judicial independence; Gov't sees link to parallel enviro case
  Dec 11, 2008
• Merits claims in Plama v. Bulgaria fail; investor complained of environmental and tax liabilities, and worker “riots”
  Sep 17, 2008
• Bulgaria exonerated of Energy Charter Treaty breaches; misrepresentations by Plama Consortium Ltd are fatal to case
  Sep 17, 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
• Argentina faces a third treaty claim by hold-out bond-holders; Experts differ as to prospects
  Aug 07, 2008
• Argentine claims by BP & Pan-American to be dropped; earlier jurisdictional rulings had stoked umbrella clause debate
  Jul 01, 2008
• TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration
  Jun 03, 2008