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RWE v. Spain tribunal awards 28 million EUR in compensation under the ECT; co-arbitrator writes separate opinion, distinguishing between two schools of thought in investor-state arbitration

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ICSID sees no pro-state bias by Zachary Douglas in Sumrain v. Kuwait; tribunal is reluctant to suspend proceedings due to COVID-19 in light of provisional measures request

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In latest Spain ruling, arbitrators find no violation of RWE’s legitimate expectations, but see a breach of the ECT’s proportionality requirement

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ANALYSIS: Singapore appeal court grapples with various investment treaty arbitration concepts including “related to”, estoppel, unilateral declarations, territorial nexus and exhaustion of remedies

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Singapore Court of Appeal affirms that Swissbourgh v. Lesotho award must be set aside; Williams and Bishop had ruled in favor of investor under unusual Southern African treaty, but Singapore court sees no jurisdiction to do so

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Analysis: jurisdictional portions of UAB E energija v. Latvia award see discussion of estoppel, prescription, and attribution under Article 5 and 8 of ILC Articles

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UAB E energija award: at merits stage, tribunal identifies two treaty breaches by Latvia in dispute with heating supply operator, shifts costs, but refuses to grant costs for lawyer’s success fee

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ICSID renewables claims against Spain reach 23, along with some signs of repeat arbitrator appointments – but no common chairs as yet

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Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants

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ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals

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Tribunals named in three bank nationalization claims vs. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement

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