Analysis: In now-public decision, ICSID ad hoc committee rejected bid to annul award that dismissed first Highbury v. Venezuela arbitration for lack of proof of ownership over investment

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Analysis: In first Highbury v. Venezuela award, ICSID tribunal declined jurisdiction over multi-million-dollar mining claim, as claimants failed to demonstrate ownership over disputed concessions

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Analysis: ICSID ad hoc committee in Vestey v. Venezuela upheld 98 million USD award, seeing no ground to annul tribunal’s exercise of jurisdiction and finding of claimant’s ownership of land

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Analysis: Blog post and comments against request for disqualification led to removal of Fernandez Rozas from UNCITRAL tribunal in Santamarta v. Venezuela

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Paris Court of Appeal partially sets aside Serafin García Armas v. Venezuela UNCITRAL award, insofar as compensation for security deposits was related to tax fraud established in Chilean courts; remainder of damages award and revision decision are upheld

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Analysis: In Air Canada v. Venezuela, ICSID tribunal upheld jurisdiction over treaty claims and awarded 20 million USD in damages for breach of legitimate expectations

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Uncovered: In ICC award issued in dispute between Chinese and Venezuelan state-owned companies, tribunal decides to hear claims stemming from 26 contracts in one single arbitration and sees no evidence of corruption, awarding damages for unpaid purchase orders

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Analysis: UNCITRAL tribunal in Santamarta v. Venezuela resorts to dominant and effective nationality principle to fill gap in BIT’s definition of investor, ultimately rejecting claim by dual national for lack of jurisdiction

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Analysis: In Exxon v. Venezuela resubmission award, ICSID tribunal ponders res judicata effect of previous decisions, and finds that contractual limitation of liability mechanism would have been key in the valuation of damages owed on account of lawful expropriation

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Paris Court of Appeal, on remand, dismisses application for set-aside of Serafín García Armas v. Venezuela award; judges reject allegation of procedural fraud and see no prohibition against claims by dual nationals against one of their home states

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Analysis: ICC tribunal majority dismisses 1.8 billion EUR construction claim against Venezuela and its national railway institute, finding no consent to arbitrate under the 2001 Cooperation Framework Agreement between Italy and Venezuela

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Uncovered: UNCITRAL tribunal in Liberty v. Venezuela (2) finds that investor is entitled to pursue ad hoc UNCITRAL arbitration, as neither ICSID Convention arbitration, nor arbitration under ICSID’s Additional Facility Rules is available under the Spain – Venezuela BIT

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ICSID Additional Facility Rules tribunal stays Liberty v. Venezuela (1) arbitration in deference to jurisdictional ruling by UNCITRAL tribunal in Liberty v. Venezuela (2); decision on discontinuance is pending

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Sale of CITGO shares is poised to move ahead in billion-dollar Crystallex v. Venezuela enforcement action, as US government signals that it won’t oppose the process

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Dutch Supreme Court declines to set aside award that dismissed treaty claim by dual nationals against Venezuela, finding that an award dismissing a case for lack of jurisdiction due to the absence of a valid arbitration agreement cannot be reviewed

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Analysis: In recently surfaced decision, ICSID ad hoc committee rejects Venezuela’s attempt to annul a half billion dollar award in favour of two Spanish investors, emphasizing that annulment cannot be used to air arguments that have not been submitted to the tribunal

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ICSID committee dismisses requests for reconsideration of previous decisions on stay of enforcement and on Venezuela’s representation

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Analysis: Dutch Advocate General deems that award declining jurisdiction is in principle reviewable by Dutch courts, but in a more limited fashion than a decision upholding jurisdiction

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New BIT case against Venezuela comes to light, as state successfully challenges claimant’s appointee over activities of law firm colleague

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ICSID Chair dismisses bid to disqualify ad hoc committee members in Conoco v. Venezuela case, following recommendation by Ian Binnie

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Revealed: Clorox v. Venezuela tribunal majority dismisses abuse of process argument after finding that the dispute was not foreseeable when the investor restructured the investment; dissenter sees bad faith in the claimant’s narrative

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Swiss Federal Tribunal decision reveals that Clorox v. Venezuela tribunal majority dismissed abuse of rights argument after the case was remanded to it by the judges; ruling withstands set-aside bid

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ICSID tribunal awards 1.6 billion USD in compensation for expropriation of investment in Venezuela’s agriculture sector; dissenter would have declined jurisdiction due to manifest inexistence of foreign investment

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Arbitrators comings and goings: a new committee, a resignation, and a reconstituted tribunal

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Analysis: UNCITRAL tribunal finds that dominant and effective nationality test deriving from law on diplomatic protection should apply given BIT’s silence on claims by dual nationals against one of their home states

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Arbitrators comings and goings: Two resignations and one appointment

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Analysis: GKK-chaired tribunal finds that Venezuela did not consent to arbitration under ICSID’s AF Rules and opines that MFN clauses cannot be used to create jurisdiction

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Venezuela lodges yet another challenge against Stephen Drymer, following the arbitrator’s disqualification and resignation in two other cases against the state

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Annulment decision in Tenaris and Talta v. Venezuela (1) surfaces, revealing why ad hoc committee upheld the tribunal’s reasoning on the claimants’ corporate seats, expropriation finding, and choice of a valuation method that had not been submitted by either party

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ICSID committee lifts stay of enforcement in high-stakes Conoco v. Venezuela dispute, finding that the investors have provided adequate guarantees against risk of non-recoupment

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US declines OFAC authorization for enforcement of billion-dollar award against Venezuela, despite threat of NAFTA claim

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Looking Back: High-profile tribunal hearing one of Venezuela’s earliest ICSID cases discussed foreign control requirement, force majeure, lost profit, and compound interest

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PCA Secretary-General upholds challenge to Stephen Drymer, finding possible asymmetry of information with his co-arbitrators given his participation in parallel ICSID AF arbitration

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Analysis: Tomka-chaired tribunal finds violation of non-impairment standard, but dismisses remaining claims arising out of Venezuelan oil and gas investment

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Ad hoc committee in ConocoPhillips v. Venezula lifts stay of enforcement, but asks for guarantees against risk of non-recoupment in light of US sanctions; request to reconsider representation decision is dismissed

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Analysis: Blue Bank v. Venezuela ad hoc committee upholds finding that a trustee did not qualify as investor since it merely managed the trust’s assets

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ICSID declines disqualification proposal arising out of “Solomonic solution” to the problem of Venezuela’s representation

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