All posts by Damien Charlotin

About Damien Charlotin

Damien Charlotin is IAReporter's Data Editor and a Senior Analyst.

Analysis: Contract-based tribunal hearing dispute over city of Vilnius’ heating network finds that it cannot rely on unauthenticated evidence of corruption; both parties are awarded damages, but city comes out ahead

December 7, 2023Damage Determinations, Energy Disputes, SCC Rules (Stockholm)
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SCC arbitration pitting Veolia against Municipality of Vilnius concludes with award that dismisses respondents’ allegations of corruption; tribunal upholds some claims and counterclaims

December 1, 2023Energy Disputes, SCC Rules (Stockholm)
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Latest session of UNCITRAL Working Group III results in new drafts on advisory centre and means of preventing and mitigating investment disputes; delegates also debated draft provision on damages in ISDS

November 29, 2023Treaty-making
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[Updated] Libya’s Investment Authority lodges BIT arbitration against Belgium in row over frozen funds, while attachment of its assets is lifted in France

November 27, 2023Annulment and Court Review of Awards, News, UNCITRAL and Ad-Hoc
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Analysis: In Glencore v. Bolivia, UNCITRAL tribunal dismisses illegality and abuse of process objections, declines to apply active act of investing requirement, and awards 253 million USD on account of unlawful expropriation of mining assets

November 22, 2023Damage Determinations, Mining Disputes, UNCITRAL and Ad-Hoc
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Emergency arbitrator declines to retract order against Congo’s state-owned mining company, but finds that further measures should wait for imminent constitution of main tribunal

November 17, 2023ICC Rules, Interim Measures Decisions
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UNCITRAL award against Bolivia surfaces, shedding light on reasoning behind 253 million USD ruling in favour of Glencore; tribunal issues decision on interpretation and correction

November 16, 2023Mining Disputes, UNCITRAL and Ad-Hoc
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Analysis: CJEU Advocate General finds that UK Supreme Court should not have enforced Micula v. Romania (1) ICSID award, as obligations under ICSID Convention cannot trump EU law

November 10, 2023Central/Eastern Europe, Intra-European Union, News
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UK High Court finds that Russia is precluded from relitigating arbitration tribunal’s jurisdiction in support of immunity defence against enforcement

November 1, 2023Commonwealth of Independent States and Ukraine, Energy Charter Treaty
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Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits

October 26, 2023Annulment and Court Review of Awards, India, Telecoms Disputes, UNCITRAL and Ad-Hoc
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Analysis: UK High Court finds that mega-award against Nigeria should not be allowed to stand, in view of claimant’s dishonesty during the proceedings; judge muses that transparency may help avoid similar cases

October 25, 2023Annulment and Court Review of Awards, Energy Disputes, ICC Rules
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Analysis: Unpacking reasons why ad hoc committee hearing Bangladeshi gas delivery dispute split on tribunal’s alleged excess of powers, with majority members upholding decision that designation of state-entities can be implicit

October 17, 2023Annulment and Court Review of Awards, ICSID (World Bank)
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Analysis: UNCITRAL tribunal finds that narrow environmental emergency does not fall under “national security interests” exception; takeover of landfill operation is found to breach MST and expropriation provision

October 16, 2023Damage Determinations, Environmental Disputes, UNCITRAL and Ad-Hoc
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Majority of ICSID ad hoc committee members uphold oil contract award against Bangladeshi state entities; dissenter would have found a manifest excess of powers

October 13, 2023Annulment and Court Review of Awards, Energy Disputes, ICSID (World Bank)
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Paris Court of Appeal finds that “sparse and dated” links between arbitrator and appointing party do not suffice to consider that tribunal was improperly constituted

October 4, 2023Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Energy Disputes, ICC Rules
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Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

September 13, 2023Commonwealth of Independent States and Ukraine, Energy Charter Treaty, Interim Measures Decisions, UNCITRAL and Ad-Hoc
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Analysis: ICSID committee finds that tribunal did not need to consider previous investment awards that reached different conclusions on the merits, dismissing Italy’s bid to annul ECT award

September 8, 2023Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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[Updated with Dissenting Opinion] Revealed: On jurisdiction, WCV v. Czech Republic tribunal split on meaning of “permanent seat”, admissibility of claims stemming from round-trip investments, and intra-EU objection

September 4, 2023Central/Eastern Europe, UNCITRAL and Ad-Hoc
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Analysis: Tribunal in ICSID case against Tanzania sees no requirement that the investment must have been actively made, and finds that the state unlawfully expropriated retention licences held by foreign investors

August 14, 2023Damage Determinations, ICSID (World Bank), Land Reform Disputes, Mining Disputes
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West Africa Round-Up: Ghana’s Attorney-General obtains anti-arbitration injunction against Australian miner, another emergency order is issued in pipeline dispute with Chad, and a builder seeks to revive contract award against Gabon

August 1, 2023Round-Ups
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South Korea Round-Up: Lone Star files for annulment, Iran’s Central Bank to start arbitration over 7+ billion USD in frozen assets, and a look at the impact of Russia’s invasion of Ukraine on Korean business

July 31, 2023Round-Ups
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Analysis: Elliott v. South Korea tribunal finds that respondent’s undue interference with corporate merger to benefit local grandees related to the claimant’s investment, and awards 53.6 million USD in damages

July 24, 2023ICSID (World Bank), Telecoms Disputes
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UK High Court declines to order Czech Republic to provide security for costs pending judgment on bid to set aside 400 million USD treaty award

July 21, 2023Annulment and Court Review of Awards, Central/Eastern Europe, UNCITRAL and Ad-Hoc
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Analysis: European Court of Human Rights majority finds that Switzerland erred when failing to set aside CAS award on public policy grounds, in decision of potential relevance to investor-state arbitration

July 12, 2023Annulment and Court Review of Awards
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Analysis: Tribunal majority in Trasta v. NOC (2) sides with the respondent, holding that Libya’s National Oil Corporation could validly force its partner to sell its shares in a local refinery; Charles Poncet dissents, opining that the majority breached the claimant’s due process rights

July 7, 2023Energy Disputes, ICC Rules
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Analysis: Naftogaz tribunal majority finds that all investments fall within the temporal scope of the Ukraine-Russia BIT, and orders Russia to pay 4.2 billion USD on account of an expropriation of the claimant’s Crimean assets

June 26, 2023Commonwealth of Independent States and Ukraine, Damage Determinations, UNCITRAL and Ad-Hoc
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Awards in Naftogaz v. Russia surface in the context of US enforcement proceedings, after tribunal agrees to correction of clerical errors

June 23, 2023Commonwealth of Independent States and Ukraine, Energy Disputes, UNCITRAL and Ad-Hoc
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Central and Western Africa Round-Up: Arbitration between Chinese miner and the DRC surfaces, a looming claim against the Central African Republic, and developments in disputes involving Chad, Cameroon, and Angola

June 21, 2023Round-Ups
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[Updated with Award] Revealed: Tribunal rejects telecom claims against Turkmenistan on the merits, finding that state authorities had full discretion not to renew framework agreement

June 19, 2023Commonwealth of Independent States and Ukraine, ICSID (World Bank), Telecoms Disputes
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