Archives

Analysis: ICSID tribunal directs Germany to refrain from collecting windfall profits levy from refinery investor, finding provisional measures necessary to protect exclusivity of ICSID arbitration and status quo between the parties

September 26, 2024Energy Charter Treaty, Energy Disputes, ICSID (World Bank), News
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Tribunals hearing trio of ECT cases against Denmark, Germany, and the European Union rule on coordination of proceedings and transparency; in Germany case, arbitrators decline respondent’s request for Klesch to waive confidentiality of tax documents

September 17, 2024Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: Tribunal in ICSID case against Tanzania sees no requirement that the investment must have been actively made, and finds that the state unlawfully expropriated retention licences held by foreign investors

August 14, 2023Damage Determinations, ICSID (World Bank), Land Reform Disputes, Mining Disputes
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Analysis: Tribunal in Marko Mihaljevic v. Croatia declines jurisdiction in view of ICSID Convention’s prohibition of claims by dual nationals against one of their home states; abuse of process is discussed in concurring opinion

May 26, 2023Central/Eastern Europe, ICSID (World Bank)
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Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

April 20, 2023ICSID (World Bank), Telecoms Disputes
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Analysis: Tennant v. Canada tribunal finds that claimant did not own or control investment at time of alleged breach, and did not suffer any loss or damages – thus failing to ground jurisdiction under NAFTA

December 23, 2022Energy Disputes, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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Analysis: ICSID ad hoc committee majority dismisses Spain’s annulment bid; dissenter sees lack of reasoning in treatment of counterfactual scenario for the assessment of damages

March 22, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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ICSID ad hoc committee majority rejects Spain’s bid to annul SolEs Badajoz award; dissenter sees a failure to state reasons in the quantification of damages

March 17, 2022Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: Antin v. Spain committee finds that treatment of intra-EU jurisdictional objection does not warrant annulment; committee members also emphasize the tribunal’s discretion in the valuation of damages

August 4, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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100+ million EUR Antin v. Spain award withstands annulment, shortly after the European Commission lodges investigation into the underlying award

August 2, 2021Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration

July 5, 2021Amicus Curiae Interventions, Energy Disputes, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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