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NAFTA consolidation tribunal dismisses claimant’s objection that it was constituted in an untimely fashion and allows claims to proceed to the next stage

September 18, 2024ICSID (World Bank), News, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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Analysis: ICSID annulment committee in ECT case against Spain confirms tribunal’s decision that EU law did not apply to the merits of dispute brought by Japanese investor

July 18, 2024Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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[Updated with Decision] Analysis: Christopher Greenwood-chaired committee grants investor’s request for partial annulment of Khudyan v. Armenia award, finding that tribunal manifestly exceeded its powers in wrongly holding that key assumption was “common ground” between the parties

July 26, 2023Annulment and Court Review of Awards, Central/Eastern Europe, ICSID (World Bank)
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ICSID ad hoc committee grants individual investor’s request for partial annulment of award that declined jurisdiction based on the claimant’s nationality

July 23, 2023Annulment and Court Review of Awards, Central/Eastern Europe, ICSID (World Bank)
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Discontinuance order in Uniper v. Netherlands surfaces, revealing that the tribunal rejected request for costs, finding no support for general rule that respondent should not bear the cost of withdrawn claims

April 6, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Ad hoc committee members dismiss challenge to committee chair in ICSID annulment proceedings arising from opaque solar energy dispute

August 23, 2022Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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Analysis: Uniper v. Netherlands tribunal recommends that respondent reconsider its decision to continue parallel court proceedings on intra-EU question, but stops short of ordering the state to withdraw its claim before German courts

March 11, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions
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Parties in Uniper v. Netherlands coal phase-out arbitration express diverging views on ICSID provisional measures decision aimed at countering anti-arbitration action before German courts

March 11, 2022Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Uniper seeks to halt anti-arbitration proceedings before German courts by requesting provisional measures from newly-constituted ICSID tribunal

December 6, 2021Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Interim Measures Decisions, Intra-European Union
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