All posts by Erik Brouwer

Dutch Supreme Court confirms attachment of Russian assets by creditors of Yukos shareholders awards

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Analysis: Investors’ claims in Encavis v. Italy fail on the merits, as tribunal finds that amendments to Italian renewable energy incentives scheme served legitimate public purpose and fulfilled proportionality requirement

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Analysis: UNCITRAL tribunal in Amerra v. Mexico declines to bifurcate proceedings, seeing prima facie overlap between jurisdictional objections and merits of the dispute

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[Updated with analysis] Amsterdam Court of Appeals rejects Russia’s latest bid to set aside 50 billion USD Yukos shareholders awards

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Analysis: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention

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Analysis: In now-public decision, ICSID ad hoc committee rejected bid to annul award that dismissed first Highbury v. Venezuela arbitration for lack of proof of ownership over investment

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Analysis: In first Highbury v. Venezuela award, ICSID tribunal declined jurisdiction over multi-million-dollar mining claim, as claimants failed to demonstrate ownership over disputed concessions

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Analysis: International Court of Justice upholds jurisdiction over claim for declaration that Russia wrongly accused Ukraine of genocide, but sees no ground to adjudicate Russia’s invasion of Ukraine under Genocide Convention

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USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage

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Analysis: Tribunal in GEB v. Guatemala finds that FTA’s mandatory bifurcation provision does not prevent it from postponing certain preliminary objections to the merits; arbitrators refuse to import umbrella clause through MFN detour and dismiss fork-in-the-road objection

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Spanish civil and criminal court proceedings stemming from Heirs of the Sultan of Sulu v. Malaysia arbitration see new developments, as various actors accuse each other of wrongdoings

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USA files non-disputing party submission in CAFTA case, addressing definition of investment, limitations period, national and MFN treatment, expropriation, and customary minimum standard of treatment

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Analysis: Brazilian court confirms set-aside of partial award on jurisdiction in multi-billion-dollar shareholder dispute over Lava Jato corruption scandal, holding that federal government of Brazil is not bound by arbitration clause included in Petrobras’ bylaws

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Analysis: International Court of Justice issues provisional measures order against Syria, directing the state to ensure compliance with the Convention against Torture and preserve evidence of potential violations

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Analysis: Blog post and comments against request for disqualification led to removal of Fernandez Rozas from UNCITRAL tribunal in Santamarta v. Venezuela

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Australian court grants India leave to appeal decision that rejected the state’s sovereign immunity defence in CC/Devas v. India enforcement proceedings

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Analysis: UNCITRAL tribunal in DTEK Krymenergo v. Russia upholds jurisdiction over claim for expropriation of Crimean assets, rejects corruption allegations, and awards 200+ million USD to the Ukrainian investor

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Mining company owned by billionaire Clive Palmer submits SAFTA notice of intent to Australia, raising spectre of third treaty arbitration between the parties; document sheds light on pending arbitration over coal mine project

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[Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties

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Looking Back: On jurisdiction, ICSID tribunal in Tza Yap Shum v. Peru held that limited China-Peru BIT arbitration clause allowed arbitrators to examine whether an expropriation had occurred, in addition to issues of quantum, but rejected claimant’s attempt to rely on MFN clause to further expand its jurisdiction

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Looking Back: On the merits, tribunal in Tza Yap Shum v. Peru found that interim seizure of company’s assets by tax authorities constituted an indirect expropriation in violation of the China-Peru BIT; impact on investment and arbitrariness excluded application of police powers doctrine

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Enforcement of Border Timbers v. Zimbabwe award in the USA is stayed, as US District Court denies motion to certify that Zimbabwe’s appeal against earlier decision on jurisdiction is frivolous

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UK Court of Appeal confirms illegality of contingency arrangement for representation in investment arbitration; investor is entitled to recover over 1.5 million USD in legal fees

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[Updated] Dutch Advocate General supports attachment of Russian assets by Yukos shareholders

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UK investor concludes after-the-event insurance policy to cover risk of adverse costs decision in fracking arbitration against Slovenia

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Canada raises jurisdictional objections against USMCA/NAFTA claim by coal mining company in long-running dispute over environmental measures

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Analysis: UNCITRAL tribunal in Santamarta v. Venezuela resorts to dominant and effective nationality principle to fill gap in BIT’s definition of investor, ultimately rejecting claim by dual national for lack of jurisdiction

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Analysis: UNCITRAL tribunal dismissed multi-billion USD claim against Uruguay for lack of jurisdiction, finding that the discretionary beneficiaries of a trust do not qualify as protected investors under the UK-Uruguay BIT

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UNCITRAL tribunal reportedly awards almost 30 million EUR to French government-controlled energy giant EDF in dispute under Energy Charter Treaty

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Revealed: ICSID tribunal hearing high-stakes renewables case rejects Spain’s second request for reconsideration of previous decision on intra-EU jurisdictional objection in light of recent case law

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Christoph Schreuer and other investment arbitration experts to file amicus brief before US court in support of enforcement of intra-EU ICSID awards, alongside US Chamber of Commerce and MOL Hungarian Oil

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The Netherlands and the European Commission file amici curiae submissions before US court in support of Spain’s appeal to vacate anti-suit injunction and halt enforcement of intra-EU award

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[Updated with a copy of the Award] ICSID tribunal renders award on quantum in Sevilla Beeher v. Spain, awarding 6.8 million EUR to the claimant

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Revealed: ICC tribunal in Blerim Devolli v. Kosovo declines jurisdiction under foreign investment law, seeing insufficient evidence of a foreign contribution of value and finding that the claimant does not qualify as a foreign national

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Analysis: ICC tribunal majority dismisses 1.8 billion EUR construction claim against Venezuela and its national railway institute, finding no consent to arbitrate under the 2001 Cooperation Framework Agreement between Italy and Venezuela

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Gazprom Round-Up: New arbitration claims by Italian oil major Eni and Czech Net4Gas, hearing dates, and other developments in pending cases against the Russian gas giant

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