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Archives
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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Award in favour of Russia surfaces, as claimant seeks to set it aside in Spanish courts
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Bosnia claims victory in treaty-based arbitration
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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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Looking Back: Tribunal in Salini v. Morocco outlined objective definition of ‘investment’ under the ICSID Convention
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Tribunal in Egyptian mining arbitration finds advance consent to ICSID arbitration in Australia-Egypt BIT
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Bernardo Cremades tapped to chair second Glencore v. Colombia arbitration
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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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[UPDATED WITH FULL ANALYSIS]: ICSID annulment committee upholds award against The Gambia, dismissing claim of improper tribunal constitution
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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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[Updated] Russia announces that it prevailed in billion-dollar Pugachev v. Russia arbitration
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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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Ecuador round-up: an update on arbitration proceedings against the State, including unreported cases and looming awards
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Egypt Round-Up: an update on developments in three treaty-based cases
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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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Divided ICC tribunal orders Argentina to pay +$67 million (US), after majority derives consent from a draft arbitration agreement
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Tribunal constituted in Moti Ramot and Remi Levy v. Bulgaria arbitration
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Looking Back: Salini v. Jordan tribunal was one of the first to chime in on a number of important jurisdictional issues; claimants ultimately left empty-handed
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ICSID tribunal dismisses Kyrgyzstan’s preliminary jurisdictional objections in Uzbek case
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