Archives

Analysis: In first known award to examine USMCA’s NAFTA legacy investment provision, tribunal majority finds that transitory regime only applies to acts predating NAFTA’s termination date; dissenter opines that majority’s interpretation adds a condition to respondent’s consent that cannot be found in the treaty

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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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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 finds that Uruguay breached BIT by exacerbating financial difficulties of local airline through inconsistent, imprudent, and irrational conduct

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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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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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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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