All posts by IAReporter

Analysis: At post-hearing stage, UNCITRAL tribunal hearing long-running arbitration dispute with Peru admits new evidence related to questions previously posed and allows introduction of new arguments

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Looking Back: In Pantechniki v. Albania, sole arbitrator Jan Paulsson applied fundamental basis test to fork-in-the-road provision and found that state’s resources must be considered in full protection and security analysis, ultimately dismissing BIT claims stemming from civil unrest

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[Updated] Arbitrators Comings & Goings: Committee is formed to hear Spain’s bid to annul high-stakes renewables award, a resignation, and an arbitrator challenge

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Revealed: Tribunal in LSG v. Romania rules on outstanding quantum issues, awarding 42.2 million EUR plus interest and costs on account of ECT breach

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[Updated] EU notifies withdrawal from the ECT, following a declaration and agreement by the EU and its member states clarifying that ECT investor-state arbitration provisions do not apply in intra-EU context

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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: ICSID tribunal in Koch v. Canada finds that emission trading allowances do not qualify as NAFTA-protected investments, but it notes that this is a “close case”

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Looking Back: ATA v. Jordan tribunal found that “retroactive application” of Jordanian arbitration law violated investment treaty and reinstated contractual arbitration clause annulled by Jordanian courts

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Investors in Serbian agriculture venture file for partial annulment of award that only upheld jurisdiction over (and granted damages to) the investment’s ultimate beneficial owner

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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

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Analysis: ICSID ad hoc committee in Vestey v. Venezuela upheld 98 million USD award, seeing no ground to annul tribunal’s exercise of jurisdiction and finding of claimant’s ownership of land

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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases

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Analysis: ICSID tribunal rejects Colombia’s request for security for costs, seeing no risk of non-compliance due to assignment of claims to new entity

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Looking Back: ICSID ad hoc committee in CMS v. Argentina found that it had the power to impose conditions on award’s stay of enforcement, but saw no need for security in light of state’s written assurances

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Looking Back: In Perenco case, ICSID tribunal upheld jurisdiction over contract claims against Ecuador, declined jurisdiction over Petroecuador, and postponed decision on whether Bahamian company controlled by French nationals could bring claims under Ecuador-France BIT

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Analysis: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions

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