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Co-arbitrators dismiss proposal to disqualify Charles Poncet from renewable energy arbitration
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US company files for rectification of ICSID award in mining dispute with Turkey
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[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
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[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
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[Updated] ICSID tribunal hearing uranium mining claim against Turkey finds treaty breach, but awards only a fraction of damages sought
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DR-CAFTA tribunal dismisses oil and gas claim against Nicaragua
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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
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Tribunal majority finds abuse of process and dismisses ICSID claim stemming from construction dispute with Serbia
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[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
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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
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ICSID award issued in high-profile ECT arbitration against Croatia comes to light
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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
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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
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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
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ICSID tribunal rules in favour of Ivory Coast in waste management dispute
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[Updated] Tribunal majority in Gramercy v. Peru upholds jurisdiction over billion-dollar land bond dispute, and awards damages to US-based hedge fund
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[Updated with a copy of the Award] Tribunal majority dismisses NAFTA claim arising out of revocation of fracking permit
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Italy challenges claimants’ appointee in ECT renewables arbitration
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Three are in place to hear renewable energy claim against Turkey
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Looking Back: Ulysseas v. Ecuador tribunal upheld jurisdiction, dismissing denial of benefits objection despite finding that the clause could be invoked retroactively
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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
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Experienced tribunal is in place to hear repeat mining claim in under-the-radar treaty arbitration
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Paris Court of Appeal upholds award that had found no consent to UNCITRAL arbitration in Venezuelan BIT
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Award surfaces in high stakes Lone Star v. Korea arbitration
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