All posts by Joel Dahlquist

In new interim measures ruling, arbitrators decline to order state to drop pursuit of domestic extradition proceedings; tribunal presses claimants to reveal more about who lies behind them, but rejects security for costs request

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Analysis: In B-Mex v. Mexico, Verhoosel and Born lay out their views on role of NAFTA Notices of Intent and consequences of some (eventual) claimants not being disclosed from outset of dispute

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Analysis: In B-Mex v. Mexico dissent, Raul Vinuesa would have declined jurisdiction over more than two dozen claimants who were not identified in initial NAFTA Notice of Intent

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BIT claim is reportedly filed against Ukraine by State-owned Russian development bank whose Ukrainian assets have been caught up in enforcement of BIT awards against Russia

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ANALYSIS: Intra-EU awards piling up on Stockholm court docket, with three ECT awards added in recent months, and new demands by Spain and Italy for reference to European Court of Justice

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Looking Back: In early BIT case, sole arbitrator declines jurisdiction over Philippe Gruslin’s claims arising out of mutual fund investments allegedly harmed by Malaysian currency controls

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ANALYSIS: Ad hoc committee partially annuls St. Lucia award because tribunal dismissed it “with prejudice” opening path to future arbitration – while upholding tribunal right to order security for costs

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Setback for Spain, as judge refuses to consult European Court of Justice on question of Energy Charter Treaty’s applicability within the EU

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Sweden’s Supreme Court agrees to review Achmea-related effort to set aside BIT award, and to stay its enforcement in interim

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Analysis: a full run-down of the Svea Court of Appeal’s reasoning in the recent PL Holdings v. Poland set-aside decision

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Breaking: Svea Court of Appeal upholds (most of) intra-EU award against Poland, finding that state’s Achmea-related objections are time-barred

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Stockholm court acquits corporate executives charged with bribery – and finds, in line with earlier ICSID case, that daughter of former Uzbek President was not a government official for purposes of applicable anti-bribery laws

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ANALYSIS: Swedish Court declines to enforce an ICSID award, but on EU law grounds – without addressing question of Post-Achmea validity of intra-EU BITs

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ANALYSIS: now that first EU court has set aside an intra-EU BIT award due to Achmea ruling, we look at the fate of three other awards

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Baltic claims Round-Up: Simma chosen to chair UNCITRAL BIT case, EU Commission is permitted to weigh in with Achmea views in a case, and ad hoc committee has been selected to hear an annulment application

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Looking Back: in first known treaty-based investor-state arbitration, AAPL v. Sri Lanka, tribunal saw a failure to protect investment that was overrun during counter-insurgency

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In contractual ICSID case, Standard Chartered Bank Hong Kong v. TANESCO, arbitral tribunal finds that it has power to re-evaluate its earlier decision due to respondent’s omission of key facts

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ANALYSIS: as Venezuela’s ICSID debts hits $4.6 billion (before interest), two ad hoc committees offer differing approaches to requests that stays of enforcement be lifted

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ICSID ad-hoc committee finds fault with CAFTA Tribunal’s approach to quantum in Guatemala case, anulling several damages and costs holdings

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In-depth: the full reasons for ad-hoc committee’s dismissal of Argentine annulment bid in Total case – and for rejecting challenge to Teresa Cheng

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In-Depth: Turkmenistan fails in bid to have arbitral award annulled due to tribunal’s alleged use of subjective “equitable principles” to decide certain issues

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Tulip v. Turkey award stands, as ad hoc committee is not convinced by investor’s attempts to challenge tribunal’s treatment of evidence or findings on attribution

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ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes

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In new award, arbitrators explain why Electrabel’s remaining claims do not put Hungary in breach of Energy Charter Treaty

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Venezuela fails in effort to block confirmation of $700+ million award in D.C., as Judge is unconvinced of due process failings in ICSID arbitration

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Russia claims round-up: Swiss company is latest to invoke investment treaty rights against Russian Federation, as treaty claims mount

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Ukraine: updates on arbitrator resignations, costs-order collections, and other recent arbitral developments

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ANALYSIS: $12 bilion arbitration vs. Russia by exiled oligarch may be next test-case of arbitrators’ willingness to let dual-nationals sue their own state

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Arbitrators in Exxon v. Venezuela case conclude that government triggered revision process in order to hinder enforcement of earlier award

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Arbitrators see no merits breaches in shopping center project dispute and use site-visit to assess investor’s complaints of discrimination vis-a-vis other projects

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Tribunal sees no expropriation of Lauder-backed casino in Hungary; anti-Semitic criticisms by some project opponents are not attributable to state

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Renco accuses Peru of seeking two bites of the apple, by raising a host of objections under little-used but often-present U.S. treaty clause

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Arbitrators nixed DCF valuation of temporary harms In Achmea v. Slovakia I case, and declined to order state to refrain from future BIT breach

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