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Analysis: In Exxon v. Venezuela resubmission award, ICSID tribunal ponders res judicata effect of previous decisions, and finds that contractual limitation of liability mechanism would have been key in the valuation of damages owed on account of lawful expropriation

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Analysis: Unpacking the reasons that led the Eurus v. Spain tribunal to award 106+ million USD to compensate for the claw-back component of Spain’s new regulatory regime

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Analysis: Tribunal majority in Eurus v. Spain gives weight to EU law in assessing the claimant’s legitimate expectations

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Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair

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Looking Back: In Lucchetti v. Peru, arbitrators declined jurisdiction ratione temporis, side-stepping Peru’s allegations of corruption; majority of ICSID ad hoc committee denied request for annulment

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In ConocoPhillips’s second ICC arbitration against PdVSA, tribunal uses amiable compositeur powers to find that Venezuela should repay loan – but other contractual claims are dismissed

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Looking Back (3 of 3): Resubmission tribunal in Klockner v. Cameroon awards compensation to investor, and second ad hoc committee declines to annul award

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In newly-uncovered award in Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, Derains-chaired tribunal sees no expropriation arising from government’s financial crisis response

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Looking Back (2 of 4): Amco Asia v. Indonesia tribunal’s finding that investment license was unlawfully revoked is knocked down by annulment committee that saw “insufficiently pertinent” reasons

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Looking Back: early ICSID awards against Congo-Brazzaville in AGIP and Benvenuti & Bonfant cases touched on stabilization clauses, flouting of provisional measures, and questions of quantum

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ANALYSIS: review of Conoco-PdVSA ICC award reveals why tribunal saw two measures in breach of contract – including income tax hike over which ICSID tribunal had declined jurisdiction

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ANALYSIS: in new ICC award, tribunal uses ex-post data valuation, rejects demand for compound interest, and finds that availability of investment treaty arbitration should mitigate country risk

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As ICSID process grinds on, ICC tribunal weighs in with ruling under contract and orders PDVSA to pay ConocoPhillips $2 billion for breach of oil contracts

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Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state

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