All posts by Damien Charlotin

About Damien Charlotin

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

Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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[Updated with analysis of unredacted Award] Analysis: in recently-surfaced decisions in Cyprus Popular Bank v. Greece, tribunal rejects early intra-EU objection, finds that 2 billion EUR claim has been waived, and awards damages for discriminatory conduct in the access to emergency funds

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Analysis: ICSID tribunal awards approximately 6.8 million EUR to PV investors; while costs are mostly split, tribunal questions seriousness of Spain’s second request for reconsideration

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UK High Court declines to set aside award adverse to Djibouti’s state-owned port company, finding that sole arbitrator could validly rule on consequences of transfer of stake in joint-venture to the state

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Simandou iron ore mining saga comes to an end at ICSID, as BSG Resources fails to make payments to support its bid for annulment of award that dismissed the case based on findings of corruption and influence peddling

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Analysis: Split ICSID tribunal reviews allegations of illegality with respect to failed project for development of public park in Algiers; tribunal majority allows the claim to proceed and finds that the state failed to perform the contract in good faith, awarding 228.5 million USD to the investors

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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

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Analysis: InfraCapital v. Spain quantum award examines proper way to compensate both failure to achieve reasonable rate of return and clawback component of Spain’s 2013/2014 renewable energy incentives scheme

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Looking Back: Banro v. DRC tribunal declined jurisdiction over contract-based claims that originated from Canadian entity, at a time when Canada was not a party to the ICSID Convention

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Analysis: ICC tribunal finds that Iraqi partners in Korek committed “fraud on a massive scale”, leading to the expropriation of Agility’s and Orange’s investment

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Analysis: ICC tribunal applies international law to pipeline agreements between Iraq and Turkey, finds that Turkey breached its obligation not to load oil in contravention of Iraq’s instruction, and upholds Turkey’s counterclaims

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Analysis: ICSID tribunal dismisses Albania’s revision request as “manifestly without merit”, finding that investors’ criminal conviction by local courts does not render allegations of illegality a newly discovered “fact”

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Analysis: In recent judgment, ICJ declines jurisdiction over the bulk of Iran’s claims, but finds breaches by the United States of Treaty of Amity’s non-impairment and expropriation provisions; judgment discusses multiple investment protection standards

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Analysis: ICSID annulment committee in Hydro v. Spain sees no manifest excess of powers or failure to state reasons in tribunal’s handling of intra-EU issues

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