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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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[Updated with Award] Tribunal majority dismisses claims against Peru
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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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Maxi Scherer is tapped to chair ECT arbitration against Moldova
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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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Claimant challenges tribunal chair in electricity arbitration against Argentina
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Foreign investors with long-standing dispute turn anew to arbitration against Venezuela – this time under ICSID’s Additional Facility Rules
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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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Breaking: ECT tribunal upholds Spain’s intra-EU objection and declines jurisdiction over renewable energy claim
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Hascher-chaired annulment committee issues decision in fertilizer dispute with Venezuela
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Tribunal is in place to hear mining claim under the Peru-USA TPA
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Renewed settlement leads to discontinuation of $2+ billion Egyptian gas case
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Respondent’s preliminary objections in the Orazul v. Argentina renewable energy arbitration will not be bifurcated
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Three are named to hear renewables claim against Argentina
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Hungary files for annulment of EUR 7 million Magyar Farming award
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Egypt settles dispute over LNG plant, thus drawing line under $2+ billion Union Fenosa arbitration
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$2+ billion Egypt award is cleared to be enforced, after ICSID ad hoc committee lifts stay of enforcement
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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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ICSID ad hoc committee upholds 2017 award which had declined jurisdiction due to Venezuela’s denunciation of the ICSID Convention
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US courts diverge from ICSID annulment committee on Venezuela’s representation in international disputes
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