Archives

Analysis: In first known award to examine USMCA’s NAFTA legacy investment provision, tribunal majority finds that transitory regime only applies to acts predating NAFTA’s termination date; dissenter opines that majority’s interpretation adds a condition to respondent’s consent that cannot be found in the treaty

August 30, 2024Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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Analysis: ICSID tribunal in Koch v. Canada finds that emission trading allowances do not qualify as NAFTA-protected investments, but it notes that this is a “close case”

April 24, 2024Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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Analysis: Contract-based tribunal hearing dispute over city of Vilnius’ heating network finds that it cannot rely on unauthenticated evidence of corruption; both parties are awarded damages, but city comes out ahead

December 7, 2023Damage Determinations, Energy Disputes, SCC Rules (Stockholm)
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SCC arbitration pitting Veolia against Municipality of Vilnius concludes with award that dismisses respondents’ allegations of corruption; tribunal upholds some claims and counterclaims

December 1, 2023Energy Disputes, SCC Rules (Stockholm)
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ICSID tribunal upholds the USA’s request for bifurcation of Keystone XL Pipeline arbitration, finding that jurisdictional objection relating to scope of NAFTA legacy provision is prima facie serious and essentially based on legal considerations

May 12, 2023Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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Analysis: Tribunal majority in Gardabani v. Georgia treaty arbitration is unconvinced that compensation awarded in parallel contract arbitration renders claims inadmissible and proceeds to find umbrella clause breaches; Zachary Douglas criticizes result that effectively grants claimants double recovery

February 23, 2023Central/Eastern Europe, Energy Disputes, ICSID (World Bank)
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ICSID award and dissent in dispute between Russian-owned electricity companies and Georgia come to light, as claimants seek enforcement in multiple jurisdictions; arbitrators disagree on double recovery and interpretation of umbrella clause

February 14, 2023Central/Eastern Europe, Energy Disputes, ICSID (World Bank)
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Uncovered: Redacted version of SCC award against Georgia reveals that tribunal dealt with one additional claim and opted against awarding compound interest; related ICSID award and dissent remain unpublished

January 20, 2023Central/Eastern Europe, Energy Disputes, SCC Rules (Stockholm)
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CIS Round-Up: A new award is uncovered, two Supreme Court decisions, a failed set-aside bid, and other arbitration-related developments

February 25, 2022Commonwealth of Independent States and Ukraine, Energy Charter Treaty, Energy Disputes, ICC Rules, ICSID (World Bank), Round-Ups, SCC Rules (Stockholm), UNCITRAL and Ad-Hoc
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Looking Back: Gas Natural v. Argentina tribunal upheld jurisdiction over claims for derivative losses and allowed the bypassing of local litigation requirements through MFN provision

November 26, 2021Argentina, ICSID (World Bank), Looking Back
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Uncovered: Redacted partial award in contract-based Georgian electricity tariff dispute reveals tribunal’s approach to interpreting public law contracts, and suggests that a counterclaim was upheld

October 13, 2021Annulment and Court Review of Awards, Central/Eastern Europe, Energy Disputes, ICSID (World Bank), SCC Rules (Stockholm)
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