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ICSID tribunal in Huawei v. Sweden allows European Commission to intervene as non-disputing party through written submission addressing EU cybersecurity regulation, while rejecting request for broader participation

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Analysis: Tribunal majority in Bank of Nova Scotia v. Peru applies 2022 ICSID Rule 41 to dismiss expropriation and FET claims as manifestly lacking legal merit; national treatment claim proceeds to next stage

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[Updated] Canadian and UK miners reportedly file for annulment of ICSID award that rejected 4.4 billion USD claim against Romania and awarded the state 10 million USD in costs; meanwhile, investors seek financing while Romania attempts to secure collection of awarded costs

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Analysis: Tribunal majority in Gabriel Resources v. Romania finds no treaty breach in state’s failure to issue environmental permit for historic gold mine; dissenter opines that politically-motivated process breached FET standard

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Analysis: ICSID tribunal rejects Canada’s request to suspend arbitration due to parallel issues in other pending NAFTA legacy claims, setting out standard for suspension under ICSID’s 2022 Arbitration Rules

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Analysis: In Omega v. Panama, ICSID tribunal found insufficient evidence of corruption pursuant to host state law to preclude jurisdiction and admissibility; investors’ claims were ultimately dismissed on the merits

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Analysis: Tribunal unanimously upholds jurisdiction under Kyrgyzstan’s foreign investment law, but splits on jurisdiction under BIT; dissenter opines that reference to ICSID arbitration cannot be used to access arbitration under ICSID’s Additional Facility Rules

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Analysis: At merits stage, tribunal majority sees previous decision as res judicata, finds that Uzbek state entities owned Kyrgyz resorts after downfall of USSR, and holds Kyrgyzstan liable for unlawful expropriation; Zachary Douglas partially dissents

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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

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