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Revealed: UNCITRAL tribunal in Asael Halevi v. Czech Republic dismisses expropriation claim based on lack of valid ownership title over disputed land; claimant’s FET and FPS claims are also rejected
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Revealed: PCA Secretary-General rejects set of challenges against Brigitte Stern in contentious arbitration against Kazakhstan, after previous appointing authority that dismissed claimant’s objections against Ms. Stern’s nomination resigns
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Ethiopia is facing treaty arbitration lodged by two German individuals; tribunal is already in place
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Tribunals address transparency and confidentiality in parallel UNCITRAL arbitrations against Australia
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Egypt is involved in fifth treaty arbitration brought by Saudi real estate investors; tribunal is already in place
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[Updated] Spain discloses intention to bring intra-EU arbitration question before US Supreme Court; DC judges reach opposing conclusions on extension of stay of enforcement proceedings
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Revealed: UNCITRAL tribunal hearing mining dispute with Bolivia sees no prohibition against claims by dual nationals or need to prove denial of justice to establish judicial expropriation, but claims ultimately fail on the merits
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Kaufmann-Kohler chaired tribunal declines jurisdiction over third arbitration against Canada stemming from Alberta’s coal phase-out
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[Updated] Clive Palmer-owned company initiates third and fourth arbitrations against Australia
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[Updated with Award] Czech Republic claims victory in under-the-radar treaty arbitration over real estate projects
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Enforcement of Crimean petrol stations award against Russia will go forward in the USA, despite pending proceedings in unrelated cases
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Swedish court seeks CJEU preliminary ruling on interpretation of sanctions regulation that banned claims originating from Russian nationals
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Swedish court hearing Kyrgyzstan’s set-aside bid in e-passport dispute with Lithuanian investor declines to issue security for costs order against the state
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Kyrgyz investor files high-stakes treaty arbitration against Kazakhstan over alleged harassment campaign
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Devas shareholders notch some procedural wins before Québec Court of Appeal, but end of enforcement proceedings remains distant
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Dutch Supreme Court confirms treaty awards stemming from trio of Crimea-related arbitrations against Russia; fourth case is remanded to the Court of Appeal
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[Updated] Twin tribunals hearing treaty arbitrations against Romania stemming from decades-old cinematographic venture decline jurisdiction over one investor’s claim based on cultural industries exception, while allowing part of second claimant’s case to proceed to the next stage
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Tribunal majority orders Mexico to provide “full description” of methodology used for production of USMCA negotiation documents in NAFTA legacy mining arbitration
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US appeals court dismisses Spain’s request for en banc rehearing of sovereign immunity and forum non conveniens questions in dispute over enforcement of trio of intra-EU ECT awards
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[Updated] European Court dismisses Nord Stream 2’s request to annul EU Directive at stake in pending ECT arbitration
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Swiss Federal Tribunal upholds award in gas transportation dispute involving Bosnian state entities
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Malaysian state-owned company files §1782 applications before US courts to secure evidence in relation to prospective claims against individuals and companies involved in Sulu Heirs v. Malaysia arbitration
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Revealed: UNCITRAL tribunal finds that Ghana validly terminated customs services agreement and is liable only for liquidated damages
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Under-the-radar treaty arbitration against the Dominican Republic is discontinued
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Analysis: UNCITRAL tribunal agrees to suspend proceedings in view of Belarussian state-owned claimant’s struggle to meet advance on costs due to international sanctions
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[Updated] Ukraine claims victory in chocolate factory arbitration under Russia-Ukraine investment treaty
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[Updated] Under-the-radar telecoms arbitration against Ghana concludes with award
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Nigeria asks US Supreme Court to review divided D.C. Circuit opinion on whether the New York Convention abrogates sovereign immunity for de iure imperii acts
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[Updated] Vedanta lodges new treaty arbitration against India; UNCITRAL tribunal is already in place to hear the claim
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Analysis: Court of Appeal of Santiago declines to set aside Gente Oil v. Ecuador award, seeing no excess of powers or breach of Chilean public policy
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In Abdallah Andraous v. Netherlands, parties disagree on applicability of dominant and effective nationality test, classification of share acquisition in exchange for professional services as protected investment, and treaty protection of salary and pension claims
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Poland files for set-aside of adverse BIT mining award
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Revealed: Libya is found liable for breach of OIC Investment Agreement
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[Updated] French cassation court confirms refusal to enforce Sulu Heirs v. Malaysia jurisdictional award
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Disappointed claimants seek US discovery in support of bid to set aside NAFTA award that favoured Mexico, claiming their tribunal appointee failed to disclose pro-state bias
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Trove of procedural orders from NAFTA arbitration is released, revealing tribunal’s decisions on document production, standing to claim on behalf of deceased individual, and alleged breach of confidentiality order
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The Hague Court of Appeal rejects objection to court fees in WCV World Capital Ventures v. Czech Republic set-aside proceedings
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The Hague Court of Appeal dismisses Russia’s challenge to court fees for set-aside proceedings in Naftogaz v. Russia dispute
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German court declines to enforce costs award in favor of Czech Republic due to intra-EU nature of underlying treaty dispute
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Ukraine’s Naftogaz freezes Russian state-owned assets in Finland to enforce UNCITRAL award that found unlawful expropriation of assets in Crimea
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Tribunal in sunken galleon arbitration lays down protocol on preservation of evidence
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[Updated] UNCITRAL tribunal dismisses claims in treaty arbitration between Albania and Italian agriculture investor
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Coal mining investor claims victory in high-stakes twin ECT/BIT arbitrations against Poland
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EU submits supplementary counter-memorial in Nord Stream 2 arbitration, stressing impact of Russia’s invasion of Ukraine on the project, and objecting to relevance of CJEU decision relied on by the claimant
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Vietnam’s appeal against judgment upholding treaty award is discontinued due to state’s failure to honour costs ruling
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Bolivia fails to set aside treaty award in favour of Spanish bank before Dutch courts
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Analysis: US court grants costs for enforcement proceedings in GPGC v. Ghana, pointing to parties’ agreement and criticizing Ghana’s default
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Analysis: UNCITRAL tribunal hearing oil rig dispute with Mexico adopts dominant and effective nationality test, and finds that claimants cannot pursue reflective losses under NAFTA Article 1116
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NAFTA consolidation tribunal dismisses claimant’s objection that it was constituted in an untimely fashion and allows claims to proceed to the next stage
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[Updated with Award] Tribunal issues award in NAFTA arbitration against Mexico stemming from state’s refusal to grant environmental permit
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Paris Court of Appeal changes its mind with respect to intervention of CC/Devas’s assignees in proceedings for enforcement of treaty award against India
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[Updated] Gabrielle Kaufmann-Kohler is tapped to chair billion-euro dispute pitting Belarussian state-owned entity against Lithuania
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Analysis: Double set-back for intra-EU awards, as German Constitutional Court dismisses as inadmissible Achmea’s challenge against German Supreme Court’s set-aside of intra-EU Achmea v. Slovakia award (finding that CJEU ruling was not ultra vires), and challenge against Germany’s ratification of agreement terminating intra-EU BITs is also rejected
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Analysis: UNCITRAL tribunal hearing treaty arbitration stemming from refusal to grant environmental permits for mining activities rules that relevance and materiality of expert report relate to the merits, not admissibility
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Québec court lifts attachment of assets belonging to India’s Airports Authority in long-running CC/Devas v. India (1) dispute, finding that the agency benefits from sovereign immunity
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Analysis: In Westmoreland v. Canada (2), Mexico opines on scope of NAFTA legacy protection and other prerequisites to arbitration, while the United States comments on relationship between NAFTA’s provisions on direct and indirect claims
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AsiaPhos settles arbitration dispute with China after failing to set aside adverse costs award
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Public hearing to be held in mining dispute with Australia
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Mexico claims victory in offshore oil arbitration
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Russian airline lodges sanctions-related treaty arbitration against Canada
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[Updated] Parties in arbitration against the Netherlands debate respondent’s request for security for costs
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Revealed: UNCITRAL tribunal in Ukrenergo v. Russia finds that dispute falls within territorial scope of Russia-Ukraine BIT and sees no cross-border requirement at time when investment was made, joining other preliminary objections to the merits
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Analysis: At post-hearing stage, UNCITRAL tribunal hearing long-running arbitration dispute with Peru admits new evidence related to questions previously posed and allows introduction of new arguments
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Analysis: Unpacking the DC Circuit Court’s finding that US courts have jurisdiction to hear bids to enforce intra-EU ECT awards against Spain, but cannot issue anti-anti-enforcement injunctions
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Breaking: Appeals judges find that US courts have jurisdiction to enforce intra-EU UNCITRAL and ICSID awards issued under ECT, deciding that FSIA’s arbitration exception applies; but majority judges frown upon issuance of anti-anti-enforcement injunctions
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Analysis: In Phase II Award, tribunal majority in Ecuador TLC v. Ecuador (2) rules on relevance of past award between the parties based on UNCITRAL Arbitration Rules and own-acts doctrine
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Analysis: In Partial Award, UNCITRAL tribunal in Ecuador TLC v. Ecuador (2) deals with assignment of rights and limits of res judicata doctrine, allowing the claim to proceed to the next stage
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UNCITRAL tribunal in Ukrenergo v. Russia issues Award on Jurisdiction, rejecting several preliminary objections under the Russia-Ukraine BIT
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Russian businessman lodges first known treaty arbitration against Luxembourg, alleging that EU sanctions amount to “witch-hunt” against wealthy Russian individuals and asking for upwards of 16 billion USD in damages
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Analysis: In APMCA v. USA, arbitrators find that bifurcating proceedings to hear respondent’s arguments regarding ratione temporis scope of NAFTA/USMCA transition provisions and ratione materiae objections best serves procedural fairness and efficiency
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Analysis: UK court rejects outstanding jurisdictional challenges to Diag Human v. Czech Republic award, finds that business operation as a whole constituted an investment and that Diag held Swiss nationality by virtue of Swiss national’s de facto control
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[Updated] Analysis: Divided DC circuit finds that petition to enforce UNCITRAL award falls under FSIA’s arbitration exception, affirming that treaty awards are not excluded by commercial activities reservation to New York Convention and New York Convention applies to arbitral awards concerning sovereign acts
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Divided DC circuit affirms enforcement of arbitral award against Nigeria, finding that New York Convention covers arbitrations arising out of sovereign acts and that investment treaty arbitration qualifies as “commercial” for purposes of sovereign immunity exception
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UK court rejects outstanding jurisdictional challenges to high-stakes Diag Human v. Czech Republic award
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Analysis: US court enters default judgment enforcing UNITRAL award against Ghana
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Canadian appeals court rejects claimants’ attempt to set aside 7-million-USD award granting compensation for sunk costs in quarrying project
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UK court declines to set aside award against South Korea, finding that state’s objections do not pertain to tribunal’s “substantive jurisdiction” and so are not entitled to de novo review under the English Arbitration Act
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Analysis: Contractor is awarded damages under airport security contract with Afghanistan’s Civil Aviation Authority; Afghan agency struggles to find counsel, participate in arbitration
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Second Zeph v. Australia arbitration sees procedural developments, as parties seek coordination with parallel UNCITRAL arbitration
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[Updated] Gold miner makes good on earlier threat to lodge treaty arbitration against India; tribunal is now in place
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[Updated] High-stakes mining arbitration against France resumes
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[Updated] Hogan Lovells lodges US court proceedings against Afghanistan, revealing arbitration award in dispute over payment of fees of representation; sole arbitrator examined issues of succession of governments and unjust enrichment
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Award issued in arbitration against Afghanistan’s Civil Aviation Authority surfaces as claimant files for US enforcement
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Analysis: UNCITRAL tribunal in Clorox v. Venezuela upholds remanded claim, ordering state to pay over 100 million USD on account of creeping expropriation of claimant’s investment
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Paris Court of Appeal declines rectification request inviting it to limit scope of its earlier decision to partially set aside award in Serafin Garcia Armas v. Venezuela
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Final Award in Clorox v. Venezuela comes to light
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Swiss Federal Tribunal upholds intra-EU renewable energy award against Czech Republic
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Award in gas supply arbitration with Gazprom Export surfaces, as Finland’s state-owned Gasum seeks partial set-aside before Swedish courts
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South Korea to seek set-aside of award in favour of US private equity fund
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Revealed: UNCITRAL tribunal hearing real estate dispute with Panama finds that claimants made prima facie case on the merits and claims fall within provisions governing succession between two treaties
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Dutch court upholds jurisdiction over Spain’s request for anti-enforcement injunction directed against intra-EU ECT award, finding that New York Convention does not apply to question of incompatibility of arbitral award with EU state aid rules
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Dutch Advocate General recommends upholding judgment that refused recognition and enforcement of multi-billion-USD award against Malaysia
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[Updated] European Union signs UN Convention on Transparency in ISDS
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Vietnam’s challenge to partial award in UNCITRAL treaty arbitration is stayed, pending outcome of parallel bid to set aside earlier award on jurisdiction
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UNCITRAL tribunal upholds jurisdiction over real estate development dispute with Panama
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UNCITRAL arbitration against UN’s Food and Agricultural Organisation is terminated
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Claimant in Nord Stream 2 v. European Union discusses sanctions and relies on CJEU judgment to support its claims
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ECT award against Italy is set aside by Svea Court of Appeal, on intra-EU grounds
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Investor reports win in treaty arbitration against Argentina
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