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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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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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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: 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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[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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