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Archives
[Updated with Award] Tribunal majority rejects claims on the merits in mining dispute with Colombia over environmental measures
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Egypt Round-Up: An update on pending cases and other arbitration-related developments
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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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[Updated with Award] UNCITRAL tribunal dismisses claims in treaty arbitration over refinery and gas liquefaction ventures
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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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Paris Court of Appeal sets aside treaty award that declined jurisdiction over beneficiaries of trust
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Analysis: After scoring a pyrrhic victory against Mexico, claimant fails to secure additional award
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Foreign investors with long-standing dispute turn anew to arbitration against Venezuela – this time under ICSID’s Additional Facility Rules
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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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Two treaty arbitrations arising out of the downfall of Mexico’s Oceanografía conclude, one with an award, while the other one is discontinued
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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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[Updated] Three treaty-based banking cases against Croatia are discontinued, while another Swiss loan arbitration is nearing an end
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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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Identity of Hong Kong-based investor bringing first treaty-based claim against Japan is revealed; names of arbitrators also come to light
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Poland held liable for denial of justice directed at affiliate of Elliott hedge fund in newly-surfaced UNCITRAL investment treaty award
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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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Long-confidential NAFTA award comes to light
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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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Vento v. Mexico award comes to light
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Revealed: UAB E energija v. Latvia annulment committee saw no manifest excess of powers or failure to state reasons
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ICSID tribunal denies Colombia’s request for bifurcation of jurisdictional objections in high-altitude mining dispute
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