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[Updated with Award] Analysis: In Final Award, Eco Oro v. Colombia tribunal majority declines to award any damages, even though respondent may be benefitting from its own treaty breach

July 23, 2024Colombia, ICSID (World Bank), Mining Disputes
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ICSID arbitration over Peruvian refinery is discontinued following withdrawal of claimant’s counsel; Peru is awarded costs, but tribunal finds it lacks power to discontinue case with prejudice

December 13, 2023Energy Disputes, ICSID (World Bank)
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[Updated with a Copy of the Provisional Measures Decision] Revealed: ICSID tribunal directs Spain to suspend or discontinue parallel German court proceedings in which the state seeks declaration that the arbitration is inadmissible due to its intra-EU nature

May 5, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions, Intra-European Union, Spain
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Analysis: SCC tribunal finds that Poland’s lack of compliance with rulings of Polish domestic courts breached the ECT’s effective means standard

March 3, 2023Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, Intra-European Union, SCC Rules (Stockholm)
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Uncovered: SCC tribunal hearing under-the-radar ECT claim against Poland upholds jurisdiction over intra-EU dispute and finds breach of effective means standard

February 28, 2023Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, SCC Rules (Stockholm)
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Analysis: NAFTA tribunal finds that US company’s claim against Canada must fail since the claimant did not own or control the investment at the time of the alleged breach

February 17, 2022Mining Disputes, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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[Updated] Poland Round-Up: Adoption of media law could give rise to treaty arbitration, a helicopter dispute is settled, and a tribunal is reconstituted

December 23, 2021Central/Eastern Europe, Energy Disputes, Intra-European Union, Mining Disputes, SCC Rules (Stockholm), Transportation Disputes, UNCITRAL and Ad-Hoc
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Analysis: Arbitrators in Eco Oro v. Colombia environmental mining ban dispute disagree on police powers and scope of minimum standard of treatment in Canada-Colombia FTA; majority finds MST breach, and decides that general exceptions do not relieve Colombia from its duty to pay compensation

September 16, 2021Colombia, Human Rights and Investment Law, ICSID (World Bank), Mining Disputes
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Colombian high-altitude mining arbitration proceeds to the next stage, with a divided tribunal upholding FET claim, dismissing expropriation claim, and inviting further submissions on damages

September 10, 2021Colombia, ICSID (World Bank), Mining Disputes
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Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair

August 18, 2020Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Mining Disputes
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