All posts by Ridhi Kabra

Looking Back: In Telenor v. Hungary, arbitrators rejected bid to widen BIT’s jurisdiction via MFN clause, and also rejected expropriation claim (that fell within its jurisdiction) due to prima facie failure to prove loss

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Indian court defers to arbitrators by refusing to enjoin Mauritian investor Khaitan Holdings’ BIT arbitration against India, but then muses on jurisdictional and merits issues in the dispute [UPDATED]

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ANALYSIS: US Federal Court declines enforcement of arbitration award that ordered specific performance from government of India, citing public policy interest in respecting a foreign State’s sovereign rights

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ANALYSIS: in latest ruling to weigh in on propriety of parallel BIT claims, a local court affirms power to enjoin a parallel case, but sees reasons why parallel claims by Vodafone are not an abuse

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Looking Back: In first known arbitration under ASEAN Agreement, Yaung Chi Oo Trading v. Myanmar, arbitrators decline jurisdiction due to lack of written approval of investment, and find that the Agreement is not amended by a later treaty

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Nova Group v. Romania provisional measures order surfaces; arbitrators affirm power to enjoin criminal proceedings, but decline to do so

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ANALYSIS: In a welcome development, an ICSID tribunal acknowledges the importance of offering comprehensive reasoning when ordering provisional measures – and explains why procedural integrity of arbitration might be in peril

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Looking back: In Petrobart v. Kyrgyz Republic dispute, a sales contract does not constitute an investment under the Kyrgyz foreign investment law, but it later finds protection under the Energy Charter Treaty

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India, citing Orascom BIT award as authority on abuse of process, secures a temporary injunction restraining new BIT arbitration by Vodafone

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Details surface of Russian power company’ claims against Georgia; complaints include government’s refusal to adjust electricity tariff and to compensate for currency depreciation

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Looking Back: Saluka v. Czech Republic tribunal considered jurisdiction over counterclaims, and declined to hold claimant accountable for alleged misdeeds of parent company

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Arbitrators hold that repealed Kazakh investment law – including arbitration and stablization clauses – continues to apply to investment made before law’s repeal

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Tercier-led tribunal sees breach of ECT and US BIT in relation to electricity tariff-capping and a requirement to reinvest profits, but awards no compensation

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Yemen’s security situation warrants termination of production sharing agreements, but ICC tribunal draws adverse inferences against the State for failing to produce documents related to terrorism

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Local NGO opponent of claimant-investor is granted permission to intervene in Costa Rica gold mine arbitration, and given access to documents

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