Archives

Looking Back: ICSID tribunal majority in Murphy v. Ecuador (I) declined jurisdiction due to claimant’s “grave non-compliance” with BIT’s mandatory cooling-off period, rejecting argument that negotiations would have been futile

August 16, 2024Energy Disputes, ICSID (World Bank), Looking Back
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Revealed: ICC tribunal in Jindal Steel v. Bolivia found limited scope of jurisdiction ratione personae in joint venture contract involving state and state-owned companies, stressing need for explicit consent to arbitration

August 2, 2024ICC Rules, Mining Disputes
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Looking Back: ICSID tribunal in Iberdrola v. Guatemala (1) dismissed most claims on the basis that the claims purely arose under domestic law and rejected Iberdrola’s claim for denial of justice on the merits

August 7, 2023Energy Disputes, Looking Back
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Analysis: ICSID tribunal declines jurisdiction after finding that hydro-energy investors may bring their claims jointly, but cannot add their individual claims to meet contractual quantitative preconditions to ICSID arbitration

August 23, 2021Energy Disputes, ICSID (World Bank)
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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

May 30, 2021Annulment and Court Review of Awards, Central/Eastern Europe, Commonwealth of Independent States and Ukraine, Energy Disputes, SCC Rules (Stockholm)
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Analysis: Tribunal majority in America Movil v. Colombia relies on local court decision to find that claimant did not have a right capable of being expropriated; dissenter would have found a judicial expropriation

May 20, 2021Colombia, ICSID (World Bank), Telecoms Disputes
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Analysis: El-Jaouni v. Lebanon tribunal declines jurisdiction over domestic claimant in light of BIT definition of “investment”; FET breach results in “tiny fraction” of sums sought, as claimant can’t prove preferred but-for scenario

January 22, 2021Damage Determinations, ICSID (World Bank), Transportation Disputes
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ICSID dismisses arbitrator challenge in Spanish renewables case; decision to hold virtual hearings does not warrant the tribunal’s disqualification

December 17, 2020Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Looking Back: Tribunals in Trans-Global Petroleum v. Jordan and Brandes v. Venezuela provided the first known interpretations of ICSID Arbitration Rule 41(5)

June 29, 2020Energy Disputes, ICSID (World Bank), Looking Back, Venezuela
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Revealed: Arbitrators in Pan American Energy v. Bolivia disagreed on whether jurisdictional questions could be raised under ICSID Arbitration Rule 41(5) but found that, in any case, the investor’s claims did not manifestly lack legal merit

May 6, 2020Energy Disputes, ICSID (World Bank), Treaty-making
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Colombia round-up: An update on 12 treaty-based disputes against the state

February 28, 2020Annulment and Court Review of Awards, Colombia, Energy Disputes, Environmental Disputes, ICSID (World Bank), Mining Disputes, Round-Ups, Telecoms Disputes, UNCITRAL and Ad-Hoc
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In newly-obtained trove of 4 disqualification decisions, PCA Secretary General sees high bar for challenging UNCITRAL tribunal on basis of its prior rulings; decisions also reject DQ of arbitrator based on alleged investor-bias and close ties to claimants’ law firm

November 25, 2019Arbitrator Challenges and Recusals, UNCITRAL and Ad-Hoc, Venezuela
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Arbitrator disqualification developments: Spain fails to disqualify tribunal in renewables case; chair steps down after challenge in another Spain case; investor takes aim at ad hoc committee member

October 9, 2019Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank)
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Spain moves for disqualification of all three ICSID arbitrators hearing $1.76 billion renewable energy dispute with German state-owned entities

September 9, 2019Arbitrator Challenges and Recusals, Energy Charter Treaty, ICSID (World Bank), Intra-European Union
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