Archives

ICSID tribunal divides authority to represent insolvent claimant: court-appointed insolvency administrator will represent PNB Banka for most of the arbitration, but not in relation to the claim that the insolvency administrator’s appointment itself amounted to a treaty breach

September 15, 2021Central/Eastern Europe, ICSID (World Bank), Intra-European Union
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Analysis: In recently-surfaced decision on intra-EU objection, tribunal finds no conflict between EU law and the ICSID Convention for jurisdictional purposes – but sees a “substantial overlap” between EU law and the BIT’s substantive provisions

July 23, 2021Central/Eastern Europe, ICSID (World Bank), Intra-European Union
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Banking claim against Latvia proceeds to the next stage, as arbitrators render decision on bifurcated issues involving discussion of Brexit and intra-EU objection

May 17, 2021Arbitrator Challenges and Recusals, ICSID (World Bank), Intra-European Union
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Analysis: co-arbitrators in Sapec v. Spain see no issue conflict due to James Spigelman’s involvement in previous Spanish renewables case

June 30, 2020Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Analysis: ICSID Chairman decides that he does not have the power to decide issues of representation in disqualification proceedings

June 26, 2020Arbitrator Challenges and Recusals, Central/Eastern Europe, ICSID (World Bank), Intra-European Union
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Analysis: Tribunal’s decision that a state-appointed insolvency administrator should represent PNB Banka in ICSID arbitration prompts DQ bid

February 26, 2020Arbitrator Challenges and Recusals, Central/Eastern Europe, ICSID (World Bank), Intra-European Union
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Analysis: Unpacking the reasons why the Cube Infrastructure v. Spain tribunal unanimously saw an ECT violation with respect to PV investments, but disagreed with respect to later hydro investments

July 22, 2019Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Breaking: Another Energy Charter Treaty award lands on Spain, newly-obtained rulings lay out reasons for liability in relation to PV and hydro investments by Cube Infrastructure Fund

July 17, 2019Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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