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Analysis: Tribunal in Red Eagle v. Colombia splits on whether minimum standard of treaty protects legitimate expectations; majority rules that Colombia did not breach FTA when banning high-altitude mining

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Analysis: In Worley Parsons v. Ecuador, arbitrators decline jurisdiction due to illegality and bad faith during making of investment; tribunal splits on whether illegality during investment’s operation pertains to admissibility or merits

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Analysis: UNCITRAL tribunal dismissed multi-billion USD claim against Uruguay for lack of jurisdiction, finding that the discretionary beneficiaries of a trust do not qualify as protected investors under the UK-Uruguay BIT

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Analysis: POSH v. Mexico tribunal finds that most of the impugned measures do not bear a sufficient relation to investor and that higher standard for judicial expropriation is not met, awarding only a fraction of the damages sought; Reisman dissents

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[Updated] Southeast Asia Round-Up: Arbitrators are revealed in claims by Chevron and Total against Thailand, a new threat against Vietnam, arbitrations involving Indonesia and the Philippines conclude, and RCEP ratifications pass hurdle for entry into force

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Annulment decision in Tenaris and Talta v. Venezuela (1) surfaces, revealing why ad hoc committee upheld the tribunal’s reasoning on the claimants’ corporate seats, expropriation finding, and choice of a valuation method that had not been submitted by either party

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Ecuador Round-Up: A decision on denial of benefits in an under-the-radar case, Ecuador’s first appointee to ICSID’s Panel of Arbitrators since the state’s re-accession to the ICSID Convention, plus a new case

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Laos defeats bid by casino investors to set aside pair of awards; court emphasizes that arbitrators have a “public duty” to address issues of corruption

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Looking Back: Azurix v. Argentina tribunal grappled with the distinction between contractual and treaty claims, discussed legitimate expectations, and found that the state’s behaviour towards a water concessionaire amounted to a treaty violation

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Analysis: Tribunal in KBR v. Mexico found that proceedings for the enforcement of a commercial award fell under the scope of NAFTA’s waiver requirement

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Analysis: In Vento Motorcycles v. Mexico, arbitrators reject claims based on denial of preferential NAFTA customs treatment, emphasizing the claimant’s unique business model

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