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Analysis: ICSID tribunal in Naftiran v. Bahrain decides to hear ratione temporis, ratione personae, and abuse of process objections in bifurcated proceedings; other objections are joined to the merits
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Tribunal majority grants Costa Rica’s request for security for costs, stressing that prior decisions are irrelevant to analysis under 2022 ICSID Additional Facility Rules
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Twin arbitrations against Egypt conclude with awards, dismissing gas supply investors’ claims
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Revealed: Poland is involved in under-the-radar treaty arbitration, with tribunal already in place
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Tribunal hearing 20-billion-USD dispute with Colombia over sunken galleon dismisses state’s preliminary objections and declines to order security for costs
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[Updated with Award] Analysis: Tribunal in second Glencore v. Colombia arbitration finds that state’s failure to remedy inequitable situation was arbitrary and discriminatory, but investors’ own “comparative fault” leads to lower damages and interest
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Colombia is held liable for treaty breach in second arbitration dispute with Glencore, but damages awarded are lower than claimed
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UNCITRAL tribunal hearing dispute over sunken Spanish galleon declines Spain’s request to intervene in case under Colombia-USA TPA; USA submits non-disputing party application
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Analysis: In first Highbury v. Venezuela award, ICSID tribunal declined jurisdiction over multi-million-dollar mining claim, as claimants failed to demonstrate ownership over disputed concessions
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Three are in place to hear financial services dispute with Bahrain
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Analysis: UNCITRAL tribunal hearing dispute over Paraguayan building project sanctions state for failing to comply with provisional measures order
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Paraguay is found liable in contract-based UNCITRAL arbitration arising from public transit contract
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Treasure-filled galleon lands Colombia in treaty arbitration
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Analysis: US appeals court upholds ICC award between Panama Canal consortium and Panamanian state entity, finding that mere indications of professional familiarity are insufficient to establish arbitrators’ partiality
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Analysis: UNCITRAL tribunal in Santamarta v. Venezuela resorts to dominant and effective nationality principle to fill gap in BIT’s definition of investor, ultimately rejecting claim by dual national for lack of jurisdiction
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UNCITRAL tribunal declines jurisdiction over dual national’s claim against Venezuela, finding that his dominant and effective nationality is Venezuelan
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Three are in place to hear re-filed telecom claims against Costa Rica
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Parties in billion-dollar ICSID arbitration against Honduras publicly debate whether the claim is subject to exhaustion of local remedies requirement
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An ICSID tribunal is in place to hear third contract arbitration stemming from Lima subway dispute
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Three are in place to hear claims under the Chile-France BIT
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Dominican Republic claims victory in under-the-radar treaty arbitration
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Three are named to hear telecoms claim against Iraq
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Tribunal is in place to hear mining claim
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Ecuador is facing a renewed contract-based arbitration claim by former Petrobras subsidiary; tribunal already in place
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