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Analysis: In APMCA v. USA, arbitrators find that bifurcating proceedings to hear respondent’s arguments regarding ratione temporis scope of NAFTA/USMCA transition provisions and ratione materiae objections best serves procedural fairness and efficiency

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Tribunal hearing NAFTA legacy dispute between publicly-owned Alberta Petroleum Marketing Commission and the USA decides to bifurcate proceedings

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Bernard Hanotiau is tapped to chair billion-dollar banking claim against Ukraine, while EU court rules on sanctions imposed on claimant’s minority shareholders

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Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

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Analysis: German Supreme Court delves into the compatibility of intra-EU arbitration with EU law, as it concludes that appeal against anti-arbitration ruling is inadmissible

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Now-public judgment reveals reasons why German courts upheld Croatia’s Achmea objection, and declared a treaty-based arbitration inadmissible

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[UPDATED WITH DECISION AND FULL ANALYSIS] Co-arbitrators dismiss second challenge to Peter Rees in Spanish renewables case, deeming disqualification in parallel Nord Stream 2 v. EU case to not infect his capacity to serve in ICSID case

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Analysis: in newly-obtained ruling, tribunal considers that arbitrator’s relationship to litigation funder must be disclosed, but non-disclosure does not, by itself, warrant disqualification; Spain responds by bringing a second challenge this week

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