Archives

Looking Back: In Chevron v. Bangladesh (1), the state successfully defended its interpretation of contractual tariff provisions on the merits; ICSID tribunal nevertheless awarded claimants costs for prevailing on jurisdiction and due to respondent’s procedural conduct

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Analysis: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention

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Analysis: Tribunal in Natland v. Czech Republic awards damages based on hypothetical European Commission decision regarding compatibility of Czech solar incentives scheme with EU state aid rules

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Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

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Uncovered: Rasia v. Armenia tribunal finds that contractual claims are time-barred and sees no BIT breach on the merits; umbrella clause requires contractual privity, while tribunal finds that non-monetary expenditures satisfy contribution requirement

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Analysis: US non-disputing party submission under TPA with Colombia emphasizes need for judicial finality and valid waiver of domestic remedies; parties discuss requirements for subsequent agreements

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Analysis: ICSID tribunal finds that requests for payments to Prague city district were arbitrary and in violation of FET, but it declines to award damages; remaining claims are dismissed

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