All posts by Luke Eric Peterson

About Luke Eric Peterson

Luke Peterson launched IAReporter in 2008 and was the day-to-day managing editor until 2019. He continues to write occasional reports and works on investigations, but now focuses more of his energy on the business side of the publication.

Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings

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Investigation: In still-confidential Tenoch v. India award, Brower and Stern fall out over availability of national security defence to justify measures taken against Russian investors

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Libya round-up: New tribunals, a discontinuation, and further details about a number of investment arbitrations against the state

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OIC round up: An update on pending arbitration cases lodged under the OIC Investment Agreement

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ICSID and UNCITRAL release first draft of much-anticipated code of conduct for ISDS adjudicators, proposing rules on double-hatting, disclosure and other ethical questions

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Divided UNCITRAL BIT tribunal, with Brigitte Stern dissenting, finds that it has jurisdiction over Russia to hear previously unpublicized claim for expropriation of bank

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Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration

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E.U. moves to disqualify Nord Stream 2’s nominated arbitrator in high-stakes Energy Charter Treaty arbitration over pipeline

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Long-confidential Turkcell v. Iran award reveals reasons for tribunal divergence – and Brower dissent – as well as tribunal’s views of corruption investigation led by Lord Hoffman

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Arbitrators in Turkcell v. Iran differed as to whether silent investment treaty applies to pre-existing investments, but agreed that an MFN clause could not be used to bring such investments under rubric of treaty

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Analysis: in Lao Holdings v. Laos and Sanum v. Laos awards, arbitrators see bad faith conduct that should deprive claimants of treaty protection – but claims would fall short anyway

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Veeder-chaired tribunal declines jurisdiction over unusual claim where investor sought to use MFN, domestic law, and unilateral declarations of state to circumvent unratified BIT

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REVEALED: dogged two year effort by a BIT claimant to disqualify his own arbitrator, led to three successive challenges and brought proceedings to brink of collapse

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In Teinver case, Argentina fails in its bid to set aside hefty award of $320 million (plus pre and post award interest)

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As Russia is held liable in two new BIT cases, and ordered to pay upwards of $100 million, we round-up developments in Crimea-related arbitrations

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Russian national files interim measures request, seeking to be freed from Kuwaiti prison while bilateral investment treaty arbitration is prosecuted

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ICSID unveils more tweaks to proposed new rules following recent consultations, including to arbitrator DQ process, provisional measures, security for costs, 3rd party funding and transparency

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Canada ordered to pay $7 million for botched environmental review, but NAFTA arbitrators reject U.S. investors’ bid for $400+ million in lost profits

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In heretofore-confidential TRACO v. Poland BIT award, Veeder-chaired tribunal canvases prescription, illegality, estoppel objections, and concurrent causation

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Citing need for independence and impartiality of all arbitrators, tribunal frowns on BIT’s provision that each party should fund its own arbitrator; similar BIT wording led to unpublicized reversal of costs ruling in Eureko v. Poland case

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Tribunal in City-State N.V. v. Ukraine case rejects claimant’s application, deeming it an attempt to appeal against earlier award

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An update on the Vattenfall v. Germany arbitration: facing criticism from Germany, ICSID agrees to get non-binding opinion from PCA on pending arbitrator challenge

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Way2B v. Libya tribunal finds that BIT’s war-losses clause does not exclude operation of other BIT protections (including full protection & security), but foreign investor fails to meet evidentiary burdens

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An overview of our reporting from September-December 2018

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In an apparent first, an arbitrator is disqualified from tribunal after state objects to his serving as counsel to investor in parallel case where jurisdiction over intra-EU claims was at issue

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Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations

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Segesser-chaired tribunal upholds jurisdiction over Serbia, finding that claimant has seat in Cyprus and that protecting round-tripped investment is not contrary to object and purpose of ICSID Convention

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Singapore Court of Appeal affirms that Swissbourgh v. Lesotho award must be set aside; Williams and Bishop had ruled in favor of investor under unusual Southern African treaty, but Singapore court sees no jurisdiction to do so

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Canada hit with investment treaty arbitration from U.S. coal miner, relating to province of Alberta’s phasing out of coal-fired energy generation

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Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions

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Germany lodges request to disqualify all three arbitrators in Vattenfall nuclear arbitration

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In highly-anticipated verdict, German Supreme Court determines that Achmea v. Slovakia award must be set aside in light of the recent European Court of Justice findings on intra-EU BIT arbitration

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As Turkmenistan faces a pair of new investment treaty arbitrations – from German and Turkish investors – we recap developments in other cases

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Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder

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NAFTA parties unveil text of new agreement; Canada opts out of investor-state arbitration entirely, and U.S. and Mexico agree a more limited version of such dispute settlement

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An update on eight investment arbitration claims against Canada

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Arbitrators dismiss U.S. investors’ claims against Costa Rica, and find that state’s enforcement of its environmental laws was not in breach of CAFTA

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Arbitrator Zachary Douglas reverses course and resigns as ruling on disqualification loomed from PCA; parallel challenge in ICSID case is next battleground

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