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Spain applies for annulment of RREEF award
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In final RREEF v. Spain award, arbitrators award close to €60 million in compensation for failure to provide a reasonable rate of return
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In RREEF v. Spain, dissenting arbitrator Robert Volterra finds ECT breaches beyond mere failure to provide a reasonable rate of return, and criticizes majority’s support for tribunal-appointed damages expert
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A new Spain ruling surfaces, revealing that tribunal majority sees a more limited legitimate expectation: to reasonable rate of return for energy investors, but not to broader regulatory stability
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ICSID committee declines to annul Suez v. Argentina (Case 03/17) award, but frowns on ICSID’s arbitrator challenge process and copy-paste approach used by arbitrators across several awards
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Analysis: In newly-rendered Aven v. Costa Rica award, arbitrators engage with CAFTA’s “dominant and effective nationality” requirement
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Analysis: Arbitrators delve into relationship between CAFTA’s investor protections and environmental provisions, and ultimately see no breach of the former
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Arbitrators dismiss U.S. investors’ claims against Costa Rica, and find that state’s enforcement of its environmental laws was not in breach of CAFTA
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US appeals court rejects set-aside of Argentina award, dismissing concerns over alleged ties between investor and arbitrator Gabrielle Kaufmann-Kohler
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In-depth: ICSID annulment committee upholds Suez tribunal analyses of local litigation clause, necessity defence and damages
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$400 million Buenos Aires water concession award withstands Argentina’s annulment attempt, as committee sees no arbitrator conflict of interest that would justify set-aside
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U.S. Federal Court sees ties of Gabrielle Kaufmann-Kohler to investor as inconsequential – and reminds that arbitrators are not held to same standards of judicial decorum as judges in any event
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Spain solar claims update: jurisdictional ruling comes down in an ICSID case, as a pair of awards loom – and two more ECT arbitrations get under way
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Argentina re-opens arbitrator ethics issues in bid to set-aside water concessions award
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Arbitrators finalized for Dagher v. Sudan, African Petroleum v. Gambia, more Spain solar cases, and Rose Levy v. Peru annulment committee
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As with earlier Argentine cases, avalanche of claims against Spain look set to be resolved by diversely-composed arbitral tribunals
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ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute
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Co-arbitrators in Total v. Argentina case take widely-divergent views of Argentina’s Fair and Equitable Treatment obligation under investment treaty
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Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions
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Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes
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Suez Analysis Part 2: Judge Nikken assails reading of fair and equitable treatment in light of investor’s expectations and signals that states don’t impliedly waive their regulatory powers
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ANALYSIS: Tribunal grapples with the meaning and extent of tax stabilization in Duke v. Peru contract arbitration
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ICSID tribunal awards $18.4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected
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IN-DEPTH: Co-arbitrators see connections between arbitrator and claimants as too tenuous to justify disqualification
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