All posts by Damien Charlotin

About Damien Charlotin

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

Analysis: ICISD ad hoc committees hearing cross annulment requests in Lone Star v. South Korea continue stay of enforcement, stressing that claimants cannot seek both award’s partial annulment and its enforcement

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Analysis: ICSID tribunal concludes that Tunisia breached FET standard under customary international law, but awards only nominal damages for lost shares in local bank

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Ukraine’s Naftogaz reportedly obtains recognition of 4.2+ billion USD award against Russia

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Analysis: Ad hoc committee in Sodexo v. Hungary found that decision on intra-EU objection was tenable and intelligible, while tribunal was entitled not to reopen proceedings to introduce further evidence

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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

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Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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