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Analysis: In rail and port concession arbitration against Mozambique, tribunal majority finds that notion of investment has inherent meaning which does not cover pre-investment activities, declining jurisdiction ratione materiae over the case
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Award in gas supply arbitration with Gazprom Export surfaces, as Finland’s state-owned Gasum seeks partial set-aside before Swedish courts
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Analysis: Dutch Advocate General recommends upholding judgment that denied enforcement of 600+ million USD ICSID award against state-owned Dutch and Venezuelan oil companies
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Revealed: Poland is involved in under-the-radar treaty arbitration, with tribunal already in place
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Revealed: Tribunal in LSG v. Romania rules on outstanding quantum issues, awarding 42.2 million EUR plus interest and costs on account of ECT breach
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Revealed: Ecuador is involved in under-the-radar UNCITRAL arbitration stemming from gambling venture; tribunal is already in place
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Romania reportedly ordered to pay 42.2 million EUR to renewable energy investor under ECT
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Analysis: Investors’ claims in Encavis v. Italy fail on the merits, as tribunal finds that amendments to Italian renewable energy incentives scheme served legitimate public purpose and fulfilled proportionality requirement
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Analysis: ICSID tribunal in Encavis v. Italy upholds jurisdiction, dismissing intra-EU and forum selection clause objections in ECT dispute
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ICSID tribunal in Encavis et al. v. Italy dismisses all claims on the merits
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ICC tribunal issues Partial Award in long-running shipyard dispute with Greece
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Belgium is ordered to pay 41 million EUR for expropriation of port investment
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ICSID Secretary-General steps in to appoint arbitrators in multi-billion-dollar dispute with Honduras
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Three are named to hear banking dispute under DRC’s foreign investment law
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ICSID tribunal orders claimant to post security for costs
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Analysis: UNCITRAL tribunal in DTEK Krymenergo v. Russia upholds jurisdiction over claim for expropriation of Crimean assets, rejects corruption allegations, and awards 200+ million USD to the Ukrainian investor
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[Updated with Award and Separate Opinion] DTEK v. Russia Crimea arbitration concludes with 267 million USD award in favor of Ukrainian claimant
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Looking Back: On jurisdiction, ICSID tribunal in Tza Yap Shum v. Peru held that limited China-Peru BIT arbitration clause allowed arbitrators to examine whether an expropriation had occurred, in addition to issues of quantum, but rejected claimant’s attempt to rely on MFN clause to further expand its jurisdiction
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Looking Back: On the merits, tribunal in Tza Yap Shum v. Peru found that interim seizure of company’s assets by tax authorities constituted an indirect expropriation in violation of the China-Peru BIT; impact on investment and arbitrariness excluded application of police powers doctrine
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Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar
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Analysis: Contract-based tribunal hearing hydroelectricity dispute between Russian and Ecuadorean state-owned entities finds that contract was wrongfully terminated and awards damages to Inter Rao
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Fernández-Armesto-chaired tribunal awards 45 million USD to Russia’s Inter Rao in contract arbitration against Ecuador’s state electricity company
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[Updated with Dissenting Opinion] Revealed: On jurisdiction, WCV v. Czech Republic tribunal split on meaning of “permanent seat”, admissibility of claims stemming from round-trip investments, and intra-EU objection
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Czech Republic releases interim awards issued in gambling arbitration
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