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[UPDATED] BREAKING: Keystone XL arbitration concludes amid tribunal’s review of USA’s bifurcated jurisdictional objection
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Analysis: Dutch Advocate General recommends upholding judgment that denied enforcement of 600+ million USD ICSID award against state-owned Dutch and Venezuelan oil companies
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Revealed: ICSID tribunal in Longreef v. Venezuela dismissed clean hands and police powers defenses, but awarded only 20% of damages claimed by the investor for illegal expropriation and state’s arbitrary conduct
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Looking Back: ICSID tribunal in Longreef v. Venezuela upheld jurisdiction over claims brought by entity controlled by nationals of the host state
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Three are in place to hear renewable energy claim against Poland
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Treaty arbitrations against Colombia and Venezuela are discontinued
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Analysis: Investors’ claims in Encavis v. Italy fail on the merits, as tribunal finds that amendments to Italian renewable energy incentives scheme served legitimate public purpose and fulfilled proportionality requirement
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Analysis: ICSID tribunal in Encavis v. Italy upholds jurisdiction, dismissing intra-EU and forum selection clause objections in ECT dispute
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Analysis: ICSID tribunal finds that Uruguay breached BIT by exacerbating financial difficulties of local airline through inconsistent, imprudent, and irrational conduct
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ICSID tribunal in Encavis et al. v. Italy dismisses all claims on the merits
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Alexis Mourre is tapped to chair real estate arbitration against North Macedonia
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[Updated with Award] ICSID tribunal orders Uruguay to pay damages in airline dispute
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Three are named to hear banking dispute under DRC’s foreign investment law
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Privilege Master rules on production of USMCA negotiation documents in Keystone XL pipeline dispute
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Alexis Mourre is tapped to chair NAFTA legacy taximeter arbitration against Mexico
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[Updated] Analysis: Scholz v. Morocco tribunal saw lack of transparency, but found that measures had not affected claimant or its investment
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Analysis: Tribunal in GEB v. Guatemala finds that FTA’s mandatory bifurcation provision does not prevent it from postponing certain preliminary objections to the merits; arbitrators refuse to import umbrella clause through MFN detour and dismiss fork-in-the-road objection
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Revealed: UNCITRAL tribunal in Fernando Fraiz Trapote v. Venezuela found no exceptional circumstances justifying disclosure of claimant’s agreement with third-party funder
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[Updated with Decision] Electricity distribution arbitration against Guatemala proceeds to next stage
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Analysis: Contract-based tribunal hearing hydroelectricity dispute between Russian and Ecuadorean state-owned entities finds that contract was wrongfully terminated and awards damages to Inter Rao
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Fernández-Armesto-chaired tribunal awards 45 million USD to Russia’s Inter Rao in contract arbitration against Ecuador’s state electricity company
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Argentine court issues anti-arbitration injunction; details about underlying ICC arbitration stemming from agreement to settle previous ICSID case come to light
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Analysis: UNCITRAL tribunal hearing high-stakes dispute stemming from Banco Popular’s bankruptcy upholds jurisdiction over most claims (including claims by dual nationals), but finds that Spanish regulator’s actions were legitimate and reasonable in the circumstances, dismissing all claims on the merits
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ICSID tribunal upholds the USA’s request for bifurcation of Keystone XL Pipeline arbitration, finding that jurisdictional objection relating to scope of NAFTA legacy provision is prima facie serious and essentially based on legal considerations
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