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[Updated with a copy of the Award] Indiana Resources claims victory in Retention License dispute with Tanzania
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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
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NAFTA tribunal declines jurisdiction over renewable energy claim against Canada
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Uncovered: ICC tribunal in Selmani v. Kosovo sees no investment matching the temporal and material scope of the state’s 2014 Foreign Investment Law
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Kosovo reportedly fends off opaque 65 million EUR investment law-based claim
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Imminent public hearings on jurisdiction to be held in wind energy NAFTA arbitration against Canada
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Analysis: In recently-surfaced UNCITRAL award, US-based energy company is found in material breach of product sharing contract, but Georgian state entities are only awarded a fraction of damages claimed
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Previously confidential award in high-profile production sharing dispute comes to light
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The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration
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Tennant v. Canada tribunal rules (again) on bifurcation; deadline for amicus curiae submissions is set
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Claimant in wind energy dispute with Canada argues that it has standing, and that its claims are not time-barred
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Three are in place to hear second mining claim against Tanzania
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NAFTA tribunal acquiesces to Canada’s second bid to bifurcate Tennant Energy proceedings
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Tennant v. Canada tribunal declines request to bar claimant from relying on allegedly confidential information from another NAFTA arbitration; Canada submits jurisdictional objections
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Disclosure of third-party funding agreement prompts request for early document production in Tennant v. Canada – but the tribunal sees no special circumstances warranting a departure from the original procedure
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In Tennant v. Canada, tribunal refuses to order interim measures and security for costs, but mandates third-party funding disclosure; bifurcation request is deemed premature
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Revealed: Kosovo faces new ICC claim under its foreign investment law
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As NAFTA case against Canada goes to a first set of preliminary hearings, parties exchange pleadings on third-party funding, provisional measures, security for costs and bifurcation
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Mytilineos v. Serbia: previously-unseen 485 page award reveals how Sachs, Bishop and Vaseljevic dealt with res judicata effect of prior award, collateral estoppel, difference between counsel and agent, and weight of a “no-prejudice” attempt at settlement
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Arbitrators decide that EU’s GDPR data protection regime does not apply to NAFTA Chapter 11 proceeding
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Revealed: reasons why Van Houtte, Beechey, and Landau saw no legitimate expectation to stabilization of Czech solar feed-in-tariffs; newly-seen award also deemed intra-EU objection untimely
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Swissbourgh’s second arbitration against Lesotho come to an end, as claimants pivot to another avenue of possible redress for decades-old loss of mining project
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ANALYSIS: Singapore appeal court grapples with various investment treaty arbitration concepts including “related to”, estoppel, unilateral declarations, territorial nexus and exhaustion of remedies
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Singapore Court of Appeal affirms that Swissbourgh v. Lesotho award must be set aside; Williams and Bishop had ruled in favor of investor under unusual Southern African treaty, but Singapore court sees no jurisdiction to do so
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