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All posts by Luke Eric Peterson
Investigation: As Yemen’s oil sector crumbles due to armed conflict, numerous arbitrations by Chinese, Indian and Western investors have quietly played out
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Arbitrator is disqualified from Poland bilateral investment treaty arbitration
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Looking Back: Exxon and Hunt Oil failed to persuade ICC tribunal that lucrative Yemeni oil concession was extended despite lack of parliamentary ratification
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Libya Round-Up: A new claim, a new decision, and an update on other cases against the state
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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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Controlling shareholder of Turkish firm withdraws his BIT claim against Libya; proceedings are discontinued without prejudice
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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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Analysis: in heretofore-confidential award, majority of ICC tribunal rejected BIT claims of Turkish contractor Oztas; result contrasts with outcome of parallel Etrak case
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Libya wins one and loses one, as new bilateral investment treaty awards are rendered
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Tribunal in place at Permanent Court of Arbitration to hear Renco’s latest bid to hold Peru liable over expropriation of environmentally-notorious metalworks
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Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration
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EU succeeds in disqualifying Nord Stream 2’s nominated arbitrator in high-stakes Energy Charter Treaty arbitration
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Award looms in UNCITRAL investment arbitration against Yemen; in unpublished ruling, arbitrators decided who is rightful legal representative of state
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Panama round-up: an update on developments in six treaty-based arbitration proceedings
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ANALYSIS: Leaked records of US-UK discussions between negotiators, offer insights into thinking on investment obligations and dispute settlement
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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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European Commission discloses that it has faced several other threats of investor claims under Energy Charter Treaty
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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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Kaj Hober is latest arbitrator to be challenged by Spain
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Permanent Court of Arbitration once again steps in to designate an appointing authority after investor gets silent treatment from Organisation of Islamic Cooperation
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Oleg Deripaska fails in latest bid to sue Montenegro, as UNCITRAL tribunal decides that Yugoslavia-Russia BIT does not apply to Montenegro
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Revealed: in Cengiz v. Libya BIT award, ICC tribunal saw dual-faceted failure of state to provide basic security during war, but frowned on bid for lost profits
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Poland held liable for denial of justice in Elliott hedge fund arbitration; Unanimous Rigo-chaired tribunal sees “egregious” failing by Supreme Court and awards $9.5+ million
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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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Laos prevails in treaty-based arbitration, as Binnie-chaired tribunal finds bad faith on the part of investor; large payments to witness who failed to appear are looked upon suspiciously
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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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Divided NAFTA tribunal in B-Mex v. Mexico case affirms jurisdiction, and awards claimants some of its legal costs in a partial award
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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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Libya Round-up: new investment treaty claims, new rulings, and updates on arbitrator appointments
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In new BIT claim against Costa Rica, chicken producer claims that improper inspections and licensing measures destroyed business
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Three are named by ICSID to hear Hungary’s effort to annul intra-EU BIT award
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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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Indonesia defeats BIT claim by Indian Metals & Ferro Alloys Ltd
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Saudi Arabia faces another investor arbitration claim under Organisation for Islamic Cooperation investment treaty – brought by Qatari pharma firm affected by blockade
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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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Foreign miner files BIT notice in relation to Armenian mining project that has been blockaded by protestors
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UPDATED: Conoco is awarded over $8.3 billion plus interest in battle with Venezuela
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Germany’s bid to disqualify Vattenfall arbitrators is rejected
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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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After securing commercial award against a Tajikistan bank, Austrian investor files an ICSID arbitration
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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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Russia held liable for expropriation of bank operations in billion dollar arbitration, as well as of airport
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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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In bid to reopen corruption debate, Pakistan moves for revision of award
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Damages portions of $1.2 billion arbitral award against Venezuela are annulled by Paris Court
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[Updated with Award] BIT tribunal rules in favour of French investor, Sodexo Pass, in latest intra-EU award against Hungary [UPDATED]
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Cyprus prevails in another investment treaty arbitration, this time defeating claims under Lebanon BIT relating to controversial FBME bank
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Anglo American falls short in investment treaty claim against Venezuela, as majority of tribunal rejects all claims
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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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An update on investor arbitration claims against Armenia
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Second ICC tribunal weighs in with award in a Libyan airport dispute, awarding contractors payment for works completed, but rejecting broader claims
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An update on under-the-radar arbitral rulings that address Achmea objection
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Glick, Hanotiau and Douglas dismiss claims of contractor in Libya, finding that actions of state construction agency cannot be attributed to Libyan state for purposes of BIT
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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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Arbitrator Zachary Douglas steps aside in face of threatened challenge, and tribunal is then finalized
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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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Tribunal weighs in with ruling on supplementary decision request in Mercer v. Canada NAFTA arbitration
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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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Latin American Round-Up: new disputes, tribunals and other news involving Peru, Ecuador, Bolivia and Mexico
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Armesto-chaired BIT tribunal sees failure to protect Turkish investment, orders $50+ mil for Cengiz Insaat in new ICC award; updates on 6 other Turkish investor claims v. Libya
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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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ICC Court disqualifies arbitrator in bilateral investment treaty case, leading to tribunal reshuffle
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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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Austrian investor prevails in BIT claim against Republic of Serbia
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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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ICC tribunal weighs in with $40+ million award arising out of Tekfen and TML investment project in Libya
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Charles Brower disqualified from arbitral tribunal over public comments
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At latest UN meeting, Governments agree on the desirability of investor-state dispute settlement reform
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Frustrated by inability to collect on costs orders against foreign investors, Vietnam pushes for stricter “security for costs” provisions in investment treaties
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Qatar faces investment treaty claim from jilted media company
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In new ruling, a divided tribunal dismisses claims of Costa Rican and Dutch investors against Panama
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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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Award rendered in investment treaty claim arising out of prison privatization reversal, dismissing Spanish claimant’s case
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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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Christopher Greenwood tapped by co-arbitrators to chair UNCITRAL investment treaty arbitration
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As Tanzania seeks to overhaul mining regime, the government reportedly moves to terminate a bilateral investment treaty that was up for renewal
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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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[UPDATED] Latvia seeks to disqualify Stanimir Alexandrov from Norvik investment treaty arbitration
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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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Lithuania once again comes under arbitral fire for giving cold-shoulder to winner of a government tender process
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Tribunal of Veeder, Rowley and Clodfelter diverge with respect to key holdings in recent award
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Spain fails in its bid to disqualify chairman of investment arbitral tribunal
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Tribunal rules for India in BIT case, dismissing claims of French investor and imposing hefty costs award
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UPDATED: Ecuador is held liable in multi-billion dollar Chevron case for breaches of U.S. investment treaty
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Foreign investor asks arbitrators to enjoin Philippines Supreme Court proceedings
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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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