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Analysis: ICSID tribunal rejects Colombia’s request for security for costs, seeing no risk of non-compliance due to assignment of claims to new entity
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ICSID tribunal declines to order security for costs in telecoms arbitration against Colombia
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After fending off one telecoms arbitration, Kyrgyzstan settles another
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Uncovered: Littop v. Ukraine ECT tribunal recognizes “unclean hands” principle and declines jurisdiction over 6 billion USD case after finding that the investment was tainted by corruption; denial of benefits objection is also upheld
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Analysis: Arbitrators hearing large-scale construction dispute decline to broaden their jurisdiction beyond expropriation claim, and dismiss the case on the merits
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Turkmenistan scores a win in one case, while another arbitration is lodged
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Three are in place to hear treaty-based internet domain dispute
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ICSID tribunal rejects intra-EU objection in ECT case against Bulgaria
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Ukraine claims victory in 6 billion USD SCC case
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Analysis: Majority in Interocean v. Nigeria uphold jurisdiction under Nigeria’s investment law, while dissenter finds that the claimants were never properly registered; however, the investors’ local partner’s actions cannot be attributed to Nigeria
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[Updated with the Award] Nigeria prevails in investment law-based Interocean Oil arbitration
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Hotel development investors file for annulment of award that declined jurisdiction over pre-investment activities
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ANALYSIS: Eyre & Montrose v. Sri Lanka tribunal finds that pre-investment activities without substantial contribution or risk do not qualify as protected investment
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Sri Lanka hotel development dispute ends at ICSID
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Newly-obtained jurisdictional decision in Louis Dreyfus v. India reveals tribunal’s full reasoning on unusual BIT clause and prior negotiation requirements
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Previously-unseen 2018 Louis Dreyfus v. India BIT award surfaces, revealing tribunal’s reasoning for dismissing investor’s claims and imposing large costs order
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Swedish Supreme Court to send Achmea-related question to European Court of Justice
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Kyrgyzstan Round-Up: an update on four arbitrations against the Kyrgyz state
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Revealed: heretofore-confidential quantum award from PL Holdings v Poland case reveals how damages were quantified
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Pierre Tercier tapped to chair Bulgarian renewables case
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Analysis: a full run-down of the Svea Court of Appeal’s reasoning in the recent PL Holdings v. Poland set-aside decision
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Breaking: Svea Court of Appeal upholds (most of) intra-EU award against Poland, finding that state’s Achmea-related objections are time-barred
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In unusual twist, arbitrators order Nigerian state to disclose how it has bankrolled defence of investment arbitration – and then refuses to order security for costs due to state being immunized from incurring costs
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Tribunal rules for India in BIT case, dismissing claims of French investor and imposing hefty costs award
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