Analysis: ICSID ad hoc committee in Magyar v. Hungary upheld 7 million EUR award, seeing no ground to annul tribunal’s dismissal of intra-EU objection and valuation of claimants’ losses

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Analysis: Tribunal in Natland v. Czech Republic awards damages based on hypothetical European Commission decision regarding compatibility of Czech solar incentives scheme with EU state aid rules

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Analysis: Tribunal in ACF v. Bulgaria finds that measures interfering with renewable energy incentives violated clear expectation of regime stability

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Revealed: Tribunal majority in BRIF v. Serbia declines jurisdiction after finding that claimants abused foreign control provisions of BLEU-Serbia BIT and ICSID Convention; dissenter sees no abuse where claimants enjoyed BIT protection at time of alleged breach

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Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

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Analysis: Ad hoc committee in Sodexo v. Hungary found that decision on intra-EU objection was tenable and intelligible, while tribunal was entitled not to reopen proceedings to introduce further evidence

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Analysis: In Sodexo v. Hungary, tribunal split on distinction between “expropriation” and “dispossession”, but full tribunal found that Hungarian reform of meal voucher market breached BIT

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Analysis: CJEU Advocate General finds that UK Supreme Court should not have enforced Micula v. Romania (1) ICSID award, as obligations under ICSID Convention cannot trump EU law

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[Updated with a copy of the Decision] Analysis: ICSID tribunal in Adria Group v. Croatia rejects intra-EU objection in BIT case lodged after EU Member State Achmea Declarations, but before entry into force of EU Termination Treaty

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Uncovered: In Kornikom v. Serbia, Hanotiau-led tribunal finds that state agency validly terminated privatization agreement for underwater coal mine, seeing no expropriation

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UK Court of Appeal confirms illegality of contingency arrangement for representation in investment arbitration; investor is entitled to recover over 1.5 million USD in legal fees

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Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar

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UK investor concludes after-the-event insurance policy to cover risk of adverse costs decision in fracking arbitration against Slovenia

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[Updated with Dissenting Opinion] Revealed: On jurisdiction, WCV v. Czech Republic tribunal split on meaning of “permanent seat”, admissibility of claims stemming from round-trip investments, and intra-EU objection

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Analysis: Tribunal unanimously upholds jurisdiction under Kyrgyzstan’s foreign investment law, but splits on jurisdiction under BIT; dissenter opines that reference to ICSID arbitration cannot be used to access arbitration under ICSID’s Additional Facility Rules

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Analysis: At merits stage, tribunal majority sees previous decision as res judicata, finds that Uzbek state entities owned Kyrgyz resorts after downfall of USSR, and holds Kyrgyzstan liable for unlawful expropriation; Zachary Douglas partially dissents

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Analysis: ICSID tribunal majority in Rand v. Serbia admits claim of beneficial owner, sees no implicit legality requirement in the BIT, and awards 14.5 million EUR plus interest; dissenter would have dismissed the claims

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Analysis: UNCITRAL tribunal dismissed multi-billion USD claim against Uruguay for lack of jurisdiction, finding that the discretionary beneficiaries of a trust do not qualify as protected investors under the UK-Uruguay BIT

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[Updated with a copy of the Decision] ECT tribunal dismisses objection under 2006 ICSID Rule 41(5), finding that claim by investor’s heirs does not manifestly lack legal merit

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Analysis: Christopher Greenwood-chaired committee grants investor’s request for partial annulment of Khudyan v. Armenia award, finding that tribunal manifestly exceeded its powers in wrongly holding that key assumption was “common ground” between the parties

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ICSID ad hoc committee grants individual investor’s request for partial annulment of award that declined jurisdiction based on the claimant’s nationality

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UK High Court declines to order Czech Republic to provide security for costs pending judgment on bid to set aside 400 million USD treaty award

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Bosnian state-owned power plant loses contract-based UNCITRAL arbitration, paving the way for resumption of ICSID arbitration against the Balkan state

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Analysis: Tribunal hearing bitterly-fought Ipek v. Turkey dispute examines if contractual rights qualify as BIT-protected investments, and ultimately dismisses the case based on an abuse of process; previously unseen procedural decisions come to light

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Looking Back: Zhinvali v. Georgia tribunal issued provisional measures against domestic courts, but ultimately declined jurisdiction over claims for pre-contractual expenditures

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Analysis: Tribunal in Marko Mihaljevic v. Croatia declines jurisdiction in view of ICSID Convention’s prohibition of claims by dual nationals against one of their home states; abuse of process is discussed in concurring opinion

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Revealed: ICC tribunal in Blerim Devolli v. Kosovo declines jurisdiction under foreign investment law, seeing insufficient evidence of a foreign contribution of value and finding that the claimant does not qualify as a foreign national

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ICSID ad hoc committee is constituted to hear Georgia’s bid to annul award that saw tribunal split on interpretation of umbrella clause and double recovery principle

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Moldova is looking for counsel to represent the state’s Road Agency in proceedings for the enforcement of an UNCITRAL award before Romanian courts; call for tenders reveals details of previously confidential award

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European Court of Human Rights upholds jurisdiction over Georgia v. Russia inter-state claim, seeing no abuse of process by Georgia and finding that Russia has effective control over Abkhazia and South Ossetia

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Analysis: ICSID tribunal dismisses Albania’s revision request as “manifestly without merit”, finding that investors’ criminal conviction by local courts does not render allegations of illegality a newly discovered “fact”

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Lithuania’s domestic court action against Veolia remains alive, as the state’s Supreme Court finds that the state has standing to bring BIT (counter)claim

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[Updated with Award] Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation

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Georgia files for annulment of BIT award that saw an ICSID tribunal split on interpretation of umbrella clause and double recovery

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Identity of claimant in under-the-radar treaty arbitration against Poland surfaces, as Amsterdam court doubles down on refusal to enjoin Dutch company from pursuing intra-EU case against Poland

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