Archives

[Updated with Award] Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation

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 a copy of the Award] Analysis: DR-CAFTA tribunal hearing claim against Nicaragua dismisses reflective loss objection and finds that termination of oil concession did not amount to a treaty breach; arbitrators find that they lack jurisdiction to hear environmental counterclaim

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: NAFTA tribunal in Lone Pine v. Canada finds that revocation of mining rights around the St. Lawrence River did not amount to an expropriation, considering that claimant retained other mining rights; tribunal majority also dismisses MST claim

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] Analysis: MOL v. Croatia tribunal applies high standard of proof to corruption allegations, finding that Croatia failed to prove bribery of former Prime Minister; tribunal strongly rejects intra-EU objection, criticizing the CJEU’s Komstroy Judgment

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: Arbitration stemming from Swiss franc denominated loans is dismissed on the merits, as tribunal finds that state adopted proportionate measures tailored to a public purpose

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: ICSID tribunal hearing claim brought by US hedge fund in Peruvian land reform bond dispute splits on abuse of process and existence of protected investment; tribunal deems domestic compensation process arbitrary – but awards only a fraction of the damages claimed

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: Tribunal majority in Alalpli v. Turkey found that it had no jurisdiction – but majority arbitrators disagreed on whether good faith considerations or lack of active contribution by the investor should fell the ICSID claim

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: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing

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 in Lone Star v. Korea decides that financial regulator acted in its own self-interest by covertly lowering the investor’s exit payment; dissenter doubts this finding on the facts, and sees no wrongful conduct or causality

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.