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Analysis: ICSID Additional Facility tribunal declines Moldova’s request for bifurcation, finding that jurisdictional objections ratione personae are not prima facie serious

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Analysis: ICSID Additional Facility Rules tribunal declines claimants’ first request for provisional measures, seeing no risk of irreparable harm to investors’ rights

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[Updated with decision] Analysis: ICSID Additional Facility Rules tribunal partially grants investors’ request for provisional measures, ordering Moldova to prevent enforcement of monetary fine against domestic claimant on condition that investors deposit portion of fine into escrow account

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Analysis: ICSID tribunal majority finds that stabilisation agreement concerning copper mining project did not extend to subsequent investments; dissenter would have found treaty breach

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Analysis: In Orazul v. Argentina, full tribunal upholds jurisdiction over claims stemming from post-crisis electricity pricing regime, seeing no limitation period absent specific provisions; majority dismisses all claims on the merits

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ICSID tribunal in Orazul v. Argentina upholds jurisdiction, but majority dismisses all claims on the merits; David Haigh would have found breach of electricity investor’s legitimate expectation

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ICSID tribunal declines request for disclosures regarding funder-affiliated claimant representative, considering absence of outside funding in the arbitration; non-appearance of legal expert at the hearing was justified

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Co-arbitrators dismiss mid-hearing challenge against chair Inka Hanefeld; decision addresses failure to disclose involvement in Green Power arbitration and conduct at the hearing

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Analysis: First investor-state tribunal to dismiss case based on intra-EU objection finds that EU law applies to its jurisdiction (in a non-ICSID case seated in the EU) and prevails over the ECT

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Analysis: reasons revealed as to why an ad hoc committee has upheld restrictive reading of ICSID denunciation provisions; citing lack of stare decisis doctrine, committee sees no basis to annul award that diverged from others

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