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ICSID tribunal declines jurisdiction over gold trader’s claim against Peru
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In unprecedented ruling, ICSID ad hoc committee hearing mining dispute with Tanzania dismisses most grounds for annulment for being manifestly without legal merit
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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases
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Egyptian investor claims success in bid for annulment of Rule 41(5) award that favored Kuwait
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Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award
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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
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Analysis: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions
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[Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties
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Arbitrators comings and goings: A successful arbitrator challenge, a new tribunal, and a resignation
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Rolf Knieper is tapped to chair ICSID ad hoc committee tasked with hearing Tanzania’s bid to overturn unfavorable mining award
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Turkish investor challenges Rolf Knieper in Turkmenistan arbitration
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Tribunal hearing construction arbitration against Turkmenistan is reconstituted
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Analysis: ICSID ad hoc committee upholds Cyprus Popular Bank v Greece award, rejecting claims of manifest excess of powers on non-application of EU law and allegations of breaches of procedural rules, while ordering costs to lie where they fall
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Vietnam is facing second arbitration in construction dispute with Chinese companies
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Jean Kalicki is tapped to chair arbitration under ASEAN-China Investment Agreement
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Looking Back: At jurisdictional stage, BIVAC v. Paraguay tribunal saw no prima facie expropriation; umbrella clause claim was deemed to be inadmissible due to forum selection clause
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[Updated with redacted copies of the Award and Annulment Decision] ICSID annulment proceedings conclude in Greek bank bail-out case
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Uncovered: In previously undisclosed award, treaty tribunal grapples with dual citizenship and dismisses argument that extra-EU BIT arbitration is contrary to EU law; tribunal majority allows claimant to import consent to SCC forum through MFN clause
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ICSID tribunal hearing Peruvian gold trading dispute dismisses the respondent’s security for costs request – for now
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Peru’s pleadings in gold mining dispute surface, revealing the state’s positions on jurisdiction and the merits, as well as reasons for security for costs request
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Czech Republic is held liable in treaty dispute over enforcement of past arbitral decision
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Analysis: In quantum award, Hydro v. Spain tribunal finds that costs incurred in mitigating damages should be compensated
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Airline dispute with Ukraine proceeds to the next stage
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Three are named to hear Peruvian gold trading dispute at ICSID
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