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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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ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie

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Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal

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ICSID committee lifts stay of enforcement in high-stakes Conoco v. Venezuela dispute, finding that the investors have provided adequate guarantees against risk of non-recoupment

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Investors withdraw bid to revise Eiser v. Spain annulment decision, but hint at resubmission proceedings

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ICSID ad hoc committee members dismiss disqualification proposal in Eiser v. Spain post-annulment battle

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Ad hoc committee in ConocoPhillips v. Venezula lifts stay of enforcement, but asks for guarantees against risk of non-recoupment in light of US sanctions; request to reconsider representation decision is dismissed

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Eiser claimants challenge chair of ICSID ad hoc committee tasked with deciding their request for a supplementary decision

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[Updated with new document] Investors seek supplementary decision from Eiser v. Spain ad hoc committee

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ICSID declines disqualification proposal arising out of “Solomonic solution” to the problem of Venezuela’s representation

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Analysis: Eiser v. Spain annulment committee stresses its role as guardian of the ICSID system, imposes a “high” bar for double hatting, and finds that numerous undisclosed past and present connections between an arbitrator and the claimants’ quantum experts warrants annulment of the underlying award

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Breaking: 128+ million EUR Spanish renewables award is annulled, as ad-hoc committee finds fault with arbitrator’s undisclosed relationship to claimants’ damages experts

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Venezuela proposes disqualification of all three ICSID ad hoc committee members in long-running ConocoPhillips case

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Analysis: in Exxon-Mobil vs. Argentina case, ad hoc committee saw an excess of powers by underlying tribunal, but not a manifest one; committee also picked a side in debate over scope for committees to review arbitrator DQ decisions

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Another expensive setback for Argentina, as Exxon-Mobil finally prevails in long-running BIT arbitration over gas distribution and export business

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ICSID annulment committee allows European Commission to intervene in an ECT case, but limits intervention to EC’s complaint about earlier tribunal’s decision to oblige amicus curiae to make costs undertakings

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Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate

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