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Archives
An overview of our reporting from September-December 2018
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Looking Back: LETCO Timber company prevailed against Liberia, and arbitrators considered issues of foreign control, specific performance and bad faith by non-appearing respondent
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ANALYSIS: In Mera v. Serbia jurisdictional decision, tribunal clarifies meaning of “corporate seat” and pointedly disagrees with majority in CEAC v. Montenegro case
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Segesser-chaired tribunal upholds jurisdiction over Serbia, finding that claimant has seat in Cyprus and that protecting round-tripped investment is not contrary to object and purpose of ICSID Convention
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Egypt Round-up: an update on new investment claims, settlements, and arbitrator appointments
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Nayla Comair Obeid is tapped to chair Egyptian BIT claim
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Panel of Cremades, McRae and Chen weigh in on conditions for stay of enforcement of mining award against Gambia, and effect of domestic liquidation process on investor’s power to hire counsel
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Crowded out of spotlight due to myriad of high-profile claims against Indian state, a series of BIT claims by Indian investors advance with less fanfare
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Latest investor arbitration against Belarus to be chaired by Bernardo Cremades
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Replacement arbitrator is named by Kazakhstan after earlier nominee was disqualified
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In a rare development, a pair of ICSID arbitrators decide that a colleague must be disqualified
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Emergency arbitrator Bernardo Cremades orders Mongolian state to ensure businessman has “reasonable access” to counsel, but declines to order state to free him from prison
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Looking Back: long-confidential Benhamou v. Uruguay award is unearthed, revealing first known attempt at state-to-state BIT consultations over interpretive question, and tribunal’s handling of claims by beneficiary of trust
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Balkans round-up: catching up on various investment treaty claims in South-East Europe, including tribunal constitution, an arbitrator challenge, and other key developments
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Energy Charter Treaty award in favour of Turkey survives set-aside bid by Cem Uzan
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Arbitrators order Russia to suspend its attempts to extradite claimant in ongoing BIT case; now-public ruling is latest to shed light on criteria for ordering interim measures against criminal/extradition proceedings
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In Pugachev v. Russia arbitration, tribunal rules on requests for security for costs, disclosure of third-party funding, and an unusual security-for-claim request
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Balkans round-up: New claims, new tribunals and new developments in Serbia, Bosnia, and Croatia
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Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
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Latest Energy Charter Treaty claim against Italy to be chaired by Bruno Simma
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UNCITRAL BIT tribunal awards all costs to Dominican Republic after Panamanian investor withdraws claims
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Russia BIT claims: recent developments in arbitrations against the Russian Federation
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Looking Back: in Waste Management v. Mexico, two tribunals discuss waivers, res judicata, the meaning of Fair and Equitable Treatment, and much else
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Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
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