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Japanese investor asks for rectification of Spanish renewables award
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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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Spain is ordered to pay 106+ million EUR to Japanese wind farm investor
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Analysis: Tribunal rules that Maduro government should continue to represent Venezuela in ICSID arbitration, invoking the status quo principle
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Co-arbitrators dismiss Venezuela’s renewed attempt to disqualify Stephen Drymer from ICSID tribunal
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A new chair is named to hear the quantum phase of the Eurus v. Spain ECT arbitration
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Co-arbitrators dismiss Venezuela’s challenge to Stephen Drymer in ICSID arbitration
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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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Tribunal in latest Spanish ECT award grants weight to EU state aid obligations and finds sole breach in claw-back measure
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Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair
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Breaking: SCC tribunal finds no breach of Energy Charter Treaty by Italy, in latest award to decide renewables claims
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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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In second ICC arbitration against Venezuela’s PDVSA, ConocoPhillips is awarded only $54 million (US), including interest
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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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ConocoPhillips concludes settlement agreement with PdVSA regarding payment of recent $2 billion ICC Award
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Cyprus disputes round-up: an update on efforts by investors to sue Cyprus over 2013 restructuring of key banks
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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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