NAFTA tribunal grants request by local indigenous representative to make amicus submission, but declines to repeat non-aggravation order in light of recent conduct by Mexico

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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: In its first decision on enforcement of an ICSID award, Malaysia’s High Court finds that sovereign immunity has no relevance at award recognition stage

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Analysis: Tribunal majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs

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In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction

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Uncovered: Tribunal in Grand Express v. Belarus declares claims inadmissible after finding that claimant defrauded its Belarusian partner and sent falsified documents to Eurasian Development Bank

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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

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Revealed: Majority of ad hoc committee sees manifest failure to exercise jurisdiction and contradictory reasons in tribunal’s approach to claim on the merits

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Analysis: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention

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ICSID ad hoc committee majority partially annuls Agility v. Iraq award, finding that tribunal failed to exercise jurisdiction and state reasons in dismissing claim on the merits

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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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In unprecedented ruling, ICSID ad hoc committee hearing mining dispute with Tanzania dismisses most grounds for annulment for being manifestly without legal merit

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USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage

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UK High Court temporarily upholds registration of ICSID award against Spain, but final ruling is postponed until Court of Appeal’s decision on intra-EU issue

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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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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: UK High Court finds that ICSID Convention arbitration in itself is not enough to establish submission or arbitration exceptions to Zimbabwe’s sovereign immunity in UK enforcement proceedings, but immunities are irrelevant at stage of registration of ICSID award

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Analysis: ICSID tribunal declines security for costs application in dispute over avocado plantation, finding that neither illiquidity of claimant’s assets, nor claimant’s procedural conduct amount to exceptional circumstances

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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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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases

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Analysis: ICISD ad hoc committees hearing cross annulment requests in Lone Star v. South Korea continue stay of enforcement, stressing that claimants cannot seek both award’s partial annulment and its enforcement

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Analysis: In recently released Cementos v. Egypt decision, ICSID ad hoc committee dismisses investor’s request for annulment of award that found breach of effective means provision, but declined to award any damages

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Analysis: ICSID tribunal concludes that Tunisia breached FET standard under customary international law, but awards only nominal damages for lost shares in local bank

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Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award

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Analysis: In Orazul v. Argentina, full tribunal upholds jurisdiction over claims stemming from post-crisis electricity pricing regime, seeing no limitation period absent specific provisions; majority dismisses all claims on the merits

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Analysis: Tribunal in GEB v. Guatemala finds that FTA’s mandatory bifurcation provision does not prevent it from postponing certain preliminary objections to the merits; arbitrators refuse to import umbrella clause through MFN detour and dismiss fork-in-the-road objection

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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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ICSID tribunal in Orazul v. Argentina upholds jurisdiction, but majority dismisses all claims on the merits; David Haigh would have found breach of electricity investor’s legitimate expectation

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ICSID arbitration over Peruvian refinery is discontinued following withdrawal of claimant’s counsel; Peru is awarded costs, but tribunal finds it lacks power to discontinue case with prejudice

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