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Tribunals hearing trio of ECT cases against Denmark, Germany, and the European Union rule on coordination of proceedings and transparency; in Germany case, arbitrators decline respondent’s request for Klesch to waive confidentiality of tax documents
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Revealed: Tribunal orders Germany to refrain from collecting solidarity contribution from refinery investor pending ICSID arbitration
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Analysis: UNCITRAL tribunal in Amerra v. Mexico declines to bifurcate proceedings, seeing prima facie overlap between jurisdictional objections and merits of the dispute
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Revealed: Arbitrators find that UNCITRAL arbitration is not available under Bolivia-Peru BIT, declining jurisdiction over cement investors’ claims
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UNCITRAL tribunal rules that it lacks ratione voluntatis jurisdiction over BIT claim against Bolivia
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New UNCITRAL investment arbitration against Ecuador surfaces
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Venezuela is involved in an UNCITRAL arbitration over dairy venture
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[Updated] US financial institutions make good on earlier threat to lodge NAFTA legacy claim against Mexico; tribunal is already in place, with Albert Jan van den Berg tapped to chair
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ICSID tribunal declines request for disclosures regarding funder-affiliated claimant representative, considering absence of outside funding in the arbitration; non-appearance of legal expert at the hearing was justified
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Analysis: First investor-state tribunal to dismiss case based on intra-EU objection finds that EU law applies to its jurisdiction (in a non-ICSID case seated in the EU) and prevails over the ECT
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Breaking: ECT tribunal upholds Spain’s intra-EU objection and declines jurisdiction over renewable energy claim
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Bolivia Round-Up: New decisions, under-the-radar cases against state-owned entities, and political developments related to past treaty arbitrations
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Three are in place to hear under-the-radar treaty arbitration against Bolivia
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