Archives

Breaking: Tribunal majority dismisses renewables claim against Italy on the merits; dissenter would have found that modification of feed-in tariffs through the Spalma Incentivi decree violated the ECT

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Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings

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Looking Back: In Fraport v. Philippines (1), a tribunal majority declined jurisdiction after deciding that an airport concession investment had been made in violation of local law

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Panama Canal consortium initiates set-aside proceedings against commercial award, alleging failure to disclose potential conflicts of interest

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Revealed: Reasons surface why SCC emergency arbitrator ordered Moldova to refrain from cancelling airport concession contract

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Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim

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Analysis: Pugachev v. Russia tribunal sees no obstacle to BIT claims by dual national, but a majority declines jurisdiction after finding no foreign nationality at the time of the investment

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Looking Back: In Julian Crespo v. Poland, ICC tribunal offered an early analysis of the arbitrators’ power to order security for costs; on the merits, a majority found the state liable for a breach of the Poland-Spain BIT, but declined to award any damages

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Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit

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Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region

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Looking Back: NAFTA tribunal declined to consolidate parallel investor claims against Mexico, citing confidentiality concerns between fiercely competitive claimants and limited risk of inconsistent decisions

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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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