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Kyrgyzstan Round-Up: an update on four arbitrations against the Kyrgyz state
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In new award in Accession Mezzanine Capital v Hungary, tribunal explains why claimant lacked rights capable of grounding an expropriation claim, and criticizes looser reasoning in Metalclad case
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Hungary prevails in second of two ICSID claims brought by jilted radio broadcasting investors
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Investors in Hungary’s radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs
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Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the “Stans”
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Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants
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Tribunals named in three bank nationalization claims vs. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement
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Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
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Canada settles another NAFTA case, with unpublicized modest financial pay-out; two of three arbitrators were nominated when case settled
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Romania prevails in $132 Million claim as UK investor, EDF (Services) Ltd., fails to prove allegations that Prime Minister’s Office requested a bribe
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ANALYSIS: Arbitrators in EDF v. Romania grapple with attribution of state responsibility and costs apportionment
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Analysis: arbitrators diverge as to whether Mexican tax is performance requirement, and a legit counter-measure
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Award in ADM & TLIA v. Mexico finds discrimination & imposition of performance requirements, but no expropriation
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Award in Archer Daniels Midland & Tate and Lyle Ingredients America v. Mexico is released in redacted form; Following partial arbitration victory, US agriculture giants continue to seek further damages from Mexico
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