Archives

Analysis: ICSID tribunal majority finds that stabilisation agreement concerning copper mining project did not extend to subsequent investments; dissenter would have found treaty breach

June 14, 2024ICSID (World Bank), Mining Disputes
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

[Updated with Award] Analysis: Tribunal in second Glencore v. Colombia arbitration finds that state’s failure to remedy inequitable situation was arbitrary and discriminatory, but investors’ own “comparative fault” leads to lower damages and interest

April 25, 2024Damage Determinations, ICSID (World Bank), Mining Disputes
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: Tribunal unanimously upholds jurisdiction under Kyrgyzstan’s foreign investment law, but splits on jurisdiction under BIT; dissenter opines that reference to ICSID arbitration cannot be used to access arbitration under ICSID’s Additional Facility Rules

August 15, 2023Central/Eastern Europe, Commonwealth of Independent States and Ukraine, ICSID (World Bank)
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: At merits stage, tribunal majority sees previous decision as res judicata, finds that Uzbek state entities owned Kyrgyz resorts after downfall of USSR, and holds Kyrgyzstan liable for unlawful expropriation; Zachary Douglas partially dissents

August 15, 2023Central/Eastern Europe, ICSID (World Bank)
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards

August 4, 2022Commonwealth of Independent States and Ukraine, Interim Measures Decisions, News, SCC Rules (Stockholm), Transportation Disputes
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: Cremades-chaired tribunal finds conduct by Kazakhstan’s judiciary “questionable”, but deems it insufficiently flawed to amount to a denial of justice

April 1, 2022Commonwealth of Independent States and Ukraine, Energy Disputes, ICSID (World Bank)
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Revealed: SCC tribunal found that administrative delays in issuing gas mining licenses did not amount to ECT breach by Poland

February 8, 2022Central/Eastern Europe, Energy Charter Treaty, ICSID (World Bank), Intra-European Union, Mining Disputes
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Looking Back: High-profile tribunal hearing one of Venezuela’s earliest ICSID cases discussed foreign control requirement, force majeure, lost profit, and compound interest

September 2, 2021Damage Determinations, ICSID (World Bank), Looking Back, Transportation Disputes, Venezuela
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Kazakhstan Round-Up: New threats, details about a mining award, and an update on other arbitration disputes against the state

April 1, 2021Annulment and Court Review of Awards, Commonwealth of Independent States and Ukraine, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Mining Disputes, Round-Ups
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Looking Back: In Amto v. Ukraine, arbitrators discussed denial of benefits under the ECT, and found that failure by state-owned company to pay outstanding debt did not give rise to a treaty breach

March 19, 2021Central/Eastern Europe, Commonwealth of Independent States and Ukraine, Energy Charter Treaty, Energy Disputes, Looking Back, SCC Rules (Stockholm)
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Analysis: Tribunal majority finds that Italy’s renewables framework gave rise to legitimate expectations, but these did not include expectations of a fixed level of incentives; dissenter would have awarded damages for unfair treatment

March 3, 2021Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.