[Updated with additional Opinion] Revealed: Spanish Ministry of Foreign Affairs initially supported enforcement of Pey Casado awards, but reversed course after finding that Chile enjoyed immunity from jurisdiction if court proceedings went beyond mere enforcement of ICSID awards

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Revealed: ICSID tribunal in Longreef v. Venezuela dismissed clean hands and police powers defenses, but awarded only 20% of damages claimed by the investor for illegal expropriation and state’s arbitrary conduct

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Analysis: Tribunal majority in Gabriel Resources v. Romania finds no treaty breach in state’s failure to issue environmental permit for historic gold mine; dissenter opines that politically-motivated process breached FET standard

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Analysis: ICSID tribunal in Al Ramahi v. Hungary finds no denial of justice in regular application of bankruptcy law by Hungarian courts; 8 billion EUR fine was “shockingly disproportionate”, but later corrected by domestic legal system

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Analysis: ICSID tribunal rejects Canada’s request to suspend arbitration due to parallel issues in other pending NAFTA legacy claims, setting out standard for suspension under ICSID’s 2022 Arbitration Rules

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[Updated with original Judgment] Analysis: German court dismisses Spain’s request for anti-enforcement injunction, finding that respect for USA’s sovereignty trumps principle of effectiveness of EU law

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[Updated with Award] Analysis: Tribunal in second Glencore v. Colombia arbitration finds that state’s failure to remedy inequitable situation was arbitrary and discriminatory, but investors’ own “comparative fault” leads to lower damages and interest

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Analysis: ICSID tribunal in Koch v. Canada finds that emission trading allowances do not qualify as NAFTA-protected investments, but it notes that this is a “close case”

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Looking Back: ATA v. Jordan tribunal found that “retroactive application” of Jordanian arbitration law violated investment treaty and reinstated contractual arbitration clause annulled by Jordanian courts

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Revealed: ICSID tribunal in MetLife v. Argentina sees no customary international law limitation period and finds that state expropriated pension fund’s assets, but quantum is reduced to fraction of damages claimed

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Analysis: Annulment committee in RWE v. Spain sees no manifest excess of powers or failure to state reasons in ECT award that upheld jurisdiction over intra-EU dispute and declined to apply EU law on the merits

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Bernard Hanotiau is tapped to chair billion-dollar banking claim against Ukraine, while EU court rules on sanctions imposed on claimant’s minority shareholders

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Parties report failure of court-ordered mediation in US set-aside proceedings regarding NAFTA award that held Mexico liable for denial of justice

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Analysis: ICSID tribunal orders Qatar to submit undertakings aimed at safeguarding claimant from criminal proceedings, while declining to adopt further provisional measures; arbitrators partially grant request for disclosure of third-party funding information under 2022 ICSID Rules

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Analysis: Investors’ claims in Encavis v. Italy fail on the merits, as tribunal finds that amendments to Italian renewable energy incentives scheme served legitimate public purpose and fulfilled proportionality requirement

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