Archives

Analysis: In Sodexo v. Hungary, tribunal split on distinction between “expropriation” and “dispossession”, but full tribunal found that Hungarian reform of meal voucher market breached BIT

December 19, 2023Central/Eastern Europe, Damage Determinations, ICSID (World Bank), Payment of Awards
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Analysis: UNCITRAL tribunal hearing high-stakes dispute stemming from Banco Popular’s bankruptcy upholds jurisdiction over most claims (including claims by dual nationals), but finds that Spanish regulator’s actions were legitimate and reasonable in the circumstances, dismissing all claims on the merits

May 15, 2023Spain
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[Updated] Analysis: MOL v. Croatia tribunal applies high standard of proof to corruption allegations, finding that Croatia failed to prove bribery of former Prime Minister; tribunal strongly rejects intra-EU objection, criticizing the CJEU’s Komstroy Judgment

February 1, 2023Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank)
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Looking Back: Tribunal majority in Alalpli v. Turkey found that it had no jurisdiction – but majority arbitrators disagreed on whether good faith considerations or lack of active contribution by the investor should fell the ICSID claim

January 11, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Looking Back
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High-profile MOL v. Croatia ICSID arbitration concludes with an award; parties issue divergent statements regarding the outcome of the case

July 6, 2022Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Paris Court of Appeal upholds jurisdictional award against Libya, finding that the underlying treaty entered into force, and that corruption allegations are a matter for the merits

September 30, 2021Annulment and Court Review of Awards, ICC Rules
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TECO v. Guatemala saga continues, as the state files for annulment of resubmission award and seeks to focus attention on links between arbitrator and expert

February 24, 2021Annulment and Court Review of Awards, Central American Free Trade Agreement, Energy Disputes, ICSID (World Bank)
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Analysis: Final award in WWM v. Kazakhstan is partially set aside, as UK judge finds that the tribunal’s reasoning on causation and quantum was not debated by the parties

November 24, 2020Annulment and Court Review of Awards, Commonwealth of Independent States and Ukraine, Damage Determinations, Mining Disputes, UNCITRAL and Ad-Hoc
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Analysis: Majority in Interocean v. Nigeria uphold jurisdiction under Nigeria’s investment law, while dissenter finds that the claimants were never properly registered; however, the investors’ local partner’s actions cannot be attributed to Nigeria

October 9, 2020Arbitrator Challenges and Recusals, ICSID (World Bank), Mining Disputes
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Arbitrators comings and goings: A new resubmission tribunal, a revision tribunal, and a new chair

August 18, 2020Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Mining Disputes
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