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Analysis: UNCITRAL tribunal hearing oil rig dispute with Mexico adopts dominant and effective nationality test, and finds that claimants cannot pursue reflective losses under NAFTA Article 1116
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Mexico claims victory in offshore oil arbitration
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Revealed: ICC tribunal in Jindal Steel v. Bolivia found limited scope of jurisdiction ratione personae in joint venture contract involving state and state-owned companies, stressing need for explicit consent to arbitration
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[Updated] Bolivia claims victory in arbitration brought by Indian steel company
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Analysis: ICC tribunal in Álya Construtora v. PdVSA applies estoppel doctrine to rule on contracts’ termination, but awards limited compensation due to lack of evidence
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Gas compression plant award against Venezuela’s PdVSA surfaces, as claimant files for enforcement
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Analysis: Dominican Republic’s bid to rectify tribunal’s computation of compensation is dismissed, as tribunal considers that request relates to matters of substance
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Analysis: Parties in Argentinian highway dispute face off in emergency arbitration, court proceedings, and ICC case
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Revealed: Arbitrators find that UNCITRAL arbitration is not available under Bolivia-Peru BIT, declining jurisdiction over cement investors’ claims
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UNCITRAL tribunal rules that it lacks ratione voluntatis jurisdiction over BIT claim against Bolivia
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Analysis: UNCITRAL tribunal finds that narrow environmental emergency does not fall under “national security interests” exception; takeover of landfill operation is found to breach MST and expropriation provision
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[Updated with copies of the Award and Dissenting Opinion] Tribunal majority awards damages to Jamaican investor in waste management dispute with the Dominican Republic
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Simandou iron ore mining saga comes to an end at ICSID, as BSG Resources fails to make payments to support its bid for annulment of award that dismissed the case based on findings of corruption and influence peddling
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ICSID tribunal allows NGOs to intervene in hydropower dispute with Guatemala, but splits over scope of amicus submission; earlier bifurcation decision also comes to light
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ICSID committee dismisses requests for reconsideration of previous decisions on stay of enforcement and on Venezuela’s representation
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Three are in place to hear mining investors’ bid to annul findings of corruption
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ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie
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Foreign investors with long-standing dispute turn anew to arbitration against Venezuela – this time under ICSID’s Additional Facility Rules
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Venezuela files yet another adjudicator challenge in long-running oil and gas dispute
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Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal
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Three are in place to hear renewable energy claim against Guatemala
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Three are in place to hear under-the-radar treaty arbitration against Bolivia
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In Mexican offshore oil dispute, Canada and the United States set out their views on claims by dual nationals, reflective losses, and state enterprises under NAFTA
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Annulment decision in Tenaris and Talta v. Venezuela (1) surfaces, revealing why ad hoc committee upheld the tribunal’s reasoning on the claimants’ corporate seats, expropriation finding, and choice of a valuation method that had not been submitted by either party
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