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Politically-charged arbitration against Georgia concludes with Award
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Revealed: ICSID tribunal in MetLife v. Argentina sees no customary international law limitation period and finds that state expropriated pension fund’s assets, but quantum is reduced to fraction of damages claimed
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ICSID tribunal dismisses claimant’s request for rectification of uranium mining award
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Analysis: Naftogaz tribunal majority finds that all investments fall within the temporal scope of the Ukraine-Russia BIT, and orders Russia to pay 4.2 billion USD on account of an expropriation of the claimant’s Crimean assets
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Awards in Naftogaz v. Russia surface in the context of US enforcement proceedings, after tribunal agrees to correction of clerical errors
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Analysis: In recently-surfaced rectification decision, Lone Star v. South Korea tribunal finds that the claimants’ response to the state’s request amounts to a new – and untimely – rectification application; damages are reduced by 500,000 USD
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ICSID tribunal issues rectification decision in Lone Star v. South Korea arbitration
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US company files for rectification of ICSID award in mining dispute with Turkey
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Naftogaz is awarded 5 billion USD in Crimea-related BIT arbitration against Russia
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[Updated with Award] Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation
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[Updated] ICSID tribunal hearing uranium mining claim against Turkey finds treaty breach, but awards only a fraction of damages sought
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Having declined jurisdiction due to invalid litigation waiver, UNCITRAL tribunal orders claimant to bear 1 million USD in costs
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Analysis: Tribunal majority in Lone Star v. Korea decides that financial regulator acted in its own self-interest by covertly lowering the investor’s exit payment; dissenter doubts this finding on the facts, and sees no wrongful conduct or causality
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Award surfaces in high stakes Lone Star v. Korea arbitration
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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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Breaking: South Korea is found liable for treaty breach in Lone Star banking dispute
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Analysis: Majority dismisses treaty case due to defective litigation waiver; tribunal chair would have allowed the claimant to cure this deficiency
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[Updated with a copy of the Award] Peru claims victory in arbitration under Trade Promotion Agreement with the USA
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Laos defeats bid by casino investors to set aside pair of awards; court emphasizes that arbitrators have a “public duty” to address issues of corruption
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The United States chimes in on mandatory bifurcation objection and local litigation waiver under US-Peru Trade Promotion Agreement
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Revealed: ICSID ad hoc committee in Cortec v. Kenya opines that supplementary decision mechanism is the proper remedy for infra petita awards, and dismisses bid to annul finding that investment treaties contain an implicit legality requirement
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[Updated with Award] ICSID tribunal dismisses denial of justice claim in hotel dispute with Hungary
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Kenya defeats bid to annul mining award that read implicit legality requirement into the Kenya-UK BIT
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In a nod to the Renco saga, an UNCITRAL tribunal in Amorrortu v. Peru decides to bifurcate the respondent’s local litigation waiver objection, raising concerns about the US-Peru TPA’s limitation period
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