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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Analysis: ICSID tribunal rejects Colombia’s request for security for costs, seeing no risk of non-compliance due to assignment of claims to new entity

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Looking Back: ICSID ad hoc committee in CMS v. Argentina found that it had the power to impose conditions on award’s stay of enforcement, but saw no need for security in light of state’s written assurances

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Looking Back: In Perenco case, ICSID tribunal upheld jurisdiction over contract claims against Ecuador, declined jurisdiction over Petroecuador, and postponed decision on whether Bahamian company controlled by French nationals could bring claims under Ecuador-France BIT

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Analysis: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions

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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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Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim

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[Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties

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[Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations

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Analysis: Ontario court finds that arbitrator’s undisclosed discussions with respondent regarding his appointments to CPTPP and USMCA rosters created “reasonable apprehension of bias”, but uses its discretion not to set aside Vento v. Mexico NAFTA award

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Ontario court declines investor’s bid to set aside Vento v. Mexico award, despite finding that claimant had “reasonable apprehension of bias” with respect to respondent’s appointee

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Analysis: ICSID tribunal partially grants provisional measures in NAFTA legacy claim, directing Mexico to refrain from making VAT refunds into frozen accounts, but rejecting claims to suspend local proceedings or prohibit media statements

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Looking Back: On jurisdiction, ICSID tribunal in Tza Yap Shum v. Peru held that limited China-Peru BIT arbitration clause allowed arbitrators to examine whether an expropriation had occurred, in addition to issues of quantum, but rejected claimant’s attempt to rely on MFN clause to further expand its jurisdiction

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Looking Back: On the merits, tribunal in Tza Yap Shum v. Peru found that interim seizure of company’s assets by tax authorities constituted an indirect expropriation in violation of the China-Peru BIT; impact on investment and arbitrariness excluded application of police powers doctrine

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Enforcement of Border Timbers v. Zimbabwe award in the USA is stayed, as US District Court denies motion to certify that Zimbabwe’s appeal against earlier decision on jurisdiction is frivolous

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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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