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

February 28, 2024Amicus Curiae Interventions, ICSID (World Bank), Interim Measures Decisions, Mining Disputes, North American Free Trade Agreement (NAFTA)
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Mexico intervenes in Keystone XL arbitration, siding with the USA’s view that the USMCA’s NAFTA legacy provision does not apply to disputes that arose during the NAFTA-USMCA transition period

September 19, 2023Amicus Curiae Interventions, Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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ICSID tribunal allows NGOs to intervene in hydropower dispute with Guatemala, but splits over scope of amicus submission; earlier bifurcation decision also comes to light

March 27, 2023Amicus Curiae Interventions, Energy Disputes, ICSID (World Bank)
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In non-disputing party submission filed in NAFTA legacy dispute, the USA opines that the claimants bear the burden of proof on jurisdiction, and submits that police powers doctrine does not include an element of proportionality

March 17, 2023Amicus Curiae Interventions, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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In non-disputing party submission, USA contends that arbitral practice regarding “autonomous” FET standard is irrelevant when interpreting US-Peru FTA

March 7, 2023Amicus Curiae Interventions, ICSID (World Bank), Mining Disputes
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ICSID tribunal (partially) grants European Commission’s request to intervene in intra-EU arbitration against Germany

February 6, 2023Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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ECT tribunal allows European Commission to file amicus brief in renewables case against Italy, but denies requests for access to record and hearing

June 16, 2022Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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Analysis: Tribunal majority in Renergy v. Spain finds that radical changes to renewable energy framework breached legitimate expectation of relative stability; dissenter opines that legitimate expectations are not the appropriate framework for assessing the dispute

May 17, 2022Amicus Curiae Interventions, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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Tribunal majority rejects request for amicus participation; Philippe Sands dissents, pointing to need to address concerns about legitimacy of ISDS regime

February 10, 2022Amicus Curiae Interventions, ICSID (World Bank), Mining Disputes, North American Free Trade Agreement (NAFTA)
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ICSID tribunal declines request for amicus intervention from local lawyer who alleges that claimant’s pleadings are causing damage to his professional reputation

December 21, 2021Amicus Curiae Interventions, Colombia, ICSID (World Bank)
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Long-running Vattenfall v. Germany arbitration is discontinued, following settlement between the parties

November 11, 2021Amicus Curiae Interventions, Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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In NAFTA mining case, the United States and Canada express their opinions on national treatment, the minimum standard of treatment, expropriation, and the distinction between direct and reflective losses

November 9, 2021Amicus Curiae Interventions, ICSID (World Bank), Mining Disputes, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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In Mexican offshore oil dispute, Canada and the United States set out their views on claims by dual nationals, reflective losses, and state enterprises under NAFTA

October 13, 2021Amicus Curiae Interventions, Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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Uncovered: ICSID ad hoc committee rejected Hungary’s bid to annul dismissal of intra-EU objection in food voucher dispute

October 6, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Central/Eastern Europe, EU External Investment Policy, ICSID (World Bank), Intra-European Union
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Analysis: Antin v. Spain committee finds that treatment of intra-EU jurisdictional objection does not warrant annulment; committee members also emphasize the tribunal’s discretion in the valuation of damages

August 4, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, Spain
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[Updated] VIAC Rules of Investment Arbitration come into force; new rules regulate counterclaims, third-party funding, security for costs and expedited proceedings, and provide for limited transparency

July 9, 2021Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Central/Eastern Europe
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The US and Mexico chime in on limitation period for continuing breach and ownership requirement in NAFTA arbitration

July 5, 2021Amicus Curiae Interventions, Energy Disputes, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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ICSID publishes fifth working paper, proposing new provisions on ownership and control, third-party funding and costs; Secretariat invites state parties to proceed to a final vote

June 16, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, ICSID (World Bank), ISDS Reform, Treaty-making
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Central America Round-Up: An update on arbitration-related developments in the region

April 8, 2021Amicus Curiae Interventions, Annulment and Court Review of Awards, Central American Free Trade Agreement, Energy Disputes, Environmental Disputes, ICSID (World Bank), Mining Disputes, Round-Ups, UNCITRAL and Ad-Hoc
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Analysis: Tribunal majority in Eurus v. Spain gives weight to EU law in assessing the claimant’s legitimate expectations

March 29, 2021Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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DR-CAFTA parties set out views on limitation period, minimum standard of treatment, and non-discrimination obligations in mining case against Guatemala

March 16, 2021Amicus Curiae Interventions, Central American Free Trade Agreement, Environmental Disputes, ICSID (World Bank), Mining Disputes
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Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return

March 16, 2021Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Energy Charter Treaty, Energy Disputes, Intra-European Union, SCC Rules (Stockholm), Spain
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Community members submit renewed petition for amicus participation in Guatemalan mining dispute

July 22, 2020Amicus Curiae Interventions, Central American Free Trade Agreement, Environmental Disputes, Human Rights and Investment Law, ICSID (World Bank), Mining Disputes
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Reasons surface why Cube v. Spain committee declined the EC’s request to intervene as amicus curiae, and lifted the stay of enforcement of the award

June 26, 2020Amicus Curiae Interventions, Annulment and Court Review of Awards, Energy Charter Treaty, ICSID (World Bank), Intra-European Union, Payment of Awards, Spain
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USA and Mexico submit that NAFTA parties reached a binding subsequent agreement on interpretation of the treaty’s national treatment provision

June 24, 2020Amicus Curiae Interventions, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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US non-disputing party submission in Vento v. Mexico addresses minimum standard of treatment, non-discrimination, continuous nationality, time-bar, definition of investment and limitations on loss

June 24, 2020Amicus Curiae Interventions, ICSID (World Bank), North American Free Trade Agreement (NAFTA)
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Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor’s expropriation and FET claims fail on the merits

June 22, 2020Amicus Curiae Interventions, Central/Eastern Europe, Intra-European Union, SCC Rules (Stockholm)
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EU’s second draft proposal for Energy Charter Treaty renegotiation reaffirms the EU’s commitment to a multilateral investment court, proposes a provision on valuation of damages, and addresses public debt restructuring in post-COVID 19 context

May 4, 2020Amicus Curiae Interventions, Energy Charter Treaty, EU External Investment Policy, Human Rights and Investment Law, Treaty-making
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In Tennant v. Canada, tribunal refuses to order interim measures and security for costs, but mandates third-party funding disclosure; bifurcation request is deemed premature

April 5, 2020Amicus Curiae Interventions, Interim Measures Decisions, North American Free Trade Agreement (NAFTA), Payment of Awards, UNCITRAL and Ad-Hoc
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Canada round-up: Canada prevails in claim brought by Egyptian investor, as a number of other cases see new developments

March 31, 2020Amicus Curiae Interventions, Energy Disputes, ICSID (World Bank), North American Free Trade Agreement (NAFTA), Payment of Awards, Round-Ups, Telecoms Disputes, UNCITRAL and Ad-Hoc
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In just-surfaced InfraRed v. Spain award, tribunal saw specific commitments by Spain not to revise the tariffs, premiums, and price limits applicable to the claimants’ CSP plants

March 30, 2020Amicus Curiae Interventions, Damage Determinations, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Spain
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EU’s ideas for Energy Charter Treaty renegotiation come to light; draft proposals still open to member-state comment, but include 3PF provisions, security for costs, expedited objections, and clearer denial of benefits

March 26, 2020Amicus Curiae Interventions, Energy Charter Treaty, EU External Investment Policy, Human Rights and Investment Law
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Jurisdictional decision in PV Investors v. Spain surfaces: majority of Kaufmann-Kohler/Sepulveda-Amor declines jurisdiction over domestic claimants under the UNCITRAL Rules; Brower disagrees

March 20, 2020Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, EU External Investment Policy, Intra-European Union, Spain, UNCITRAL and Ad-Hoc
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Analysis: In latest award against Spain, arbitrators decide that investors in small-hydro plants could not reasonably expect fixed incentives, but were entitled to a reasonable rate of return

March 13, 2020Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Damage Determinations, Energy Charter Treaty, Energy Disputes, EU External Investment Policy, ICSID (World Bank), Intra-European Union
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ANALYSIS: Majority in Adamakopoulos v. Cyprus rejects intra-EU jurisdictional objection and upholds jurisdiction over mass arbitration brought by a group of bondholders and depositors in local banks

February 14, 2020Amicus Curiae Interventions, ICSID (World Bank), Intra-European Union
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In latest Spain ruling, arbitrators find no violation of RWE’s legitimate expectations, but see a breach of the ECT’s proportionality requirement

January 6, 2020Amicus Curiae Interventions, Damage Determinations, Energy Disputes, ICSID (World Bank), Intra-European Union
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NAFTA tribunal majority rejects amicus curiae bid by bondholders; newly-released documents lay out allegations of bribery and illegal collusion in oil rig case

July 19, 2019Amicus Curiae Interventions, ICSID (World Bank), North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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ANALYSIS: ECT tribunal of Reichert, Poncet and Dupuy weighs in with decision, rejecting Italy’s efforts to derail Rockhopper v. Italy arbitration due to Achmea and intra-EU objections

June 28, 2019Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, News
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ICSID annulment committee allows European Commission to intervene in an ECT case, but limits intervention to EC’s complaint about earlier tribunal’s decision to oblige amicus curiae to make costs undertakings

March 26, 2019Amicus Curiae Interventions, Energy Charter Treaty, ICSID (World Bank), Intra-European Union
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European Commission weaponizes recent member state declarations on Achmea in order to contest enforcement of ECT award

March 19, 2019Amicus Curiae Interventions, Annulment and Court Review of Awards, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union
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In new ruling, ICSID tribunal denies application for non-disputing party submission, considering that the petitioners failed to prove that the arbitral dispute involved issues of human rights

February 20, 2019Amicus Curiae Interventions, Colombia, Environmental Disputes, Human Rights and Investment Law, ICSID (World Bank), Mining Disputes
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An overview of our reporting from September-December 2018

January 4, 2019Amicus Curiae Interventions, Annulment and Court Review of Awards, Arbitrator Challenges and Recusals, Argentina, Central American Free Trade Agreement, Central/Eastern Europe, Commonwealth of Independent States and Ukraine, Damage Determinations, Energy Charter Treaty, Environmental Disputes, EU External Investment Policy, ICC Rules, ICSID (World Bank), India, Interim Measures Decisions, Intra-European Union, North American Free Trade Agreement (NAFTA), SCC Rules (Stockholm), Treaty-making, UNCITRAL and Ad-Hoc, Venezuela
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In a new ruling, ICSID tribunal considers that it has the power to limit the scope of an amicus curiae submission, thus excising legal arguments and testimony

December 17, 2018Amicus Curiae Interventions, Central/Eastern Europe, Environmental Disputes, ICSID (World Bank), Intra-European Union, Mining Disputes
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Looking Back: Methanex v. USA established iconic ‘police powers’ test, admitted first-ever amicus brief, and delved into use of WTO case-law, admissibility of unlawfully-obtained evidence, and NAFTA’s ‘relating to’ requirement

August 1, 2017Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Environmental Disputes, Looking Back, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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Looking Back: Methanex tribunal deferred to scientific study undertaken by University of California, and rejected jurisdiction after finding no breaches on the merits

August 1, 2017Amicus Curiae Interventions, Arbitrator Challenges and Recusals, Environmental Disputes, Looking Back, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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ICSID tribunal denies third party request for release of witness statements and expert reports in controversial mining case

July 12, 2017Amicus Curiae Interventions, Central/Eastern Europe, Environmental Disputes, ICSID (World Bank), Mining Disputes
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Local NGO opponent of claimant-investor is granted permission to intervene in Costa Rica gold mine arbitration, and given access to documents

June 8, 2016Amicus Curiae Interventions, Environmental Disputes, ICSID (World Bank), Mining Disputes
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In-depth: exploring the reasons why an ICSID annulment committee has declined Romania’s bid to annul Micula award

February 28, 2016Amicus Curiae Interventions, Annulment and Court Review of Awards, Central/Eastern Europe, Damage Determinations, ICSID (World Bank), Interim Measures Decisions, Intra-European Union, Payment of Awards
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European Commission’s arguments before Micula annulment committee are dismissed, but E.C. says that its non-enforceability arguments are gaining purchase in member-state courts

February 28, 2016Amicus Curiae Interventions, Annulment and Court Review of Awards, Central/Eastern Europe, ICSID (World Bank), Intra-European Union, News
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Attempted interventions of pharma industry lobby groups and certain academics are nixed in Eli Lilly v Canada NAFTA case

February 25, 2016Amicus Curiae Interventions, ICSID (World Bank), North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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ANALYSIS: as unprecedented number of would-be amicus curiae intervene in Eli Lilly v. Canada NAFTA case, arbitrators face several dilemmas

February 16, 2016Amicus Curiae Interventions, North American Free Trade Agreement (NAFTA), UNCITRAL and Ad-Hoc
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Spain round-up: Even as European Commission throws up red flags, two new claims land at ICSID, and tribunal members are finalized in another

January 27, 2015Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, Environmental Disputes, ICSID (World Bank), Intra-European Union, Round-Ups
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Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary

December 24, 2014Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, UNCITRAL and Ad-Hoc
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INVESTIGATION: Intervention by EU Commission – and expression of doubts on enforceability – preceded investor’s decision to drop intra-EU BIT claim

October 21, 2014Amicus Curiae Interventions, Central/Eastern Europe, Intra-European Union, News, UNCITRAL and Ad-Hoc
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REVEALED: a first look at arguments made by European Commission in its recent bid to halt UNCITRAL arbitration under intra-EU BIT

October 21, 2014Amicus Curiae Interventions, Central/Eastern Europe, ICSID (World Bank), Intra-European Union, News, UNCITRAL and Ad-Hoc
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Eli Lilly sets out case for patent invalidation being deemed an expropriation – rather than non-compensable governmental action

October 19, 2014Amicus Curiae Interventions, ICSID (World Bank), News, North American Free Trade Agreement (NAFTA)
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Arbitral tribunal is constituted to hear Costa Rica gold mine dispute, and local NGO opponent of claimant-investor seeks intervener status

October 15, 2014Amicus Curiae Interventions, Environmental Disputes, ICSID (World Bank), Mining Disputes, News
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Brussels’ latest intervention casts shadow over investment treaty arbitrations brought by jilted solar energy investors

September 8, 2014Amicus Curiae Interventions, Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, News, SCC Rules (Stockholm), UNCITRAL and Ad-Hoc
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INVESTIGATION: In recent briefs, European Commission casts doubt on application of Energy Charter Treaty to any intra-EU dispute

September 8, 2014Amicus Curiae Interventions, Energy Charter Treaty, Intra-European Union, News, UNCITRAL and Ad-Hoc
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ICSID Annulment committee rejects effort by Spain-U.S. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case

April 1, 2014Amicus Curiae Interventions, Annulment and Court Review of Awards, Energy Disputes, ICSID (World Bank), News
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Tribunal picks Washington DC as seat for unfolding NAFTA arbitration; hearings to be closed, and amici can’t access more info than public

May 28, 2013Amicus Curiae Interventions, News, North American Free Trade Agreement (NAFTA), Transportation Disputes, UNCITRAL and Ad-Hoc
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Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence

May 15, 2013Amicus Curiae Interventions, Central American Free Trade Agreement, Damage Determinations, Environmental Disputes, ICSID (World Bank), Mining Disputes, News
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Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v. USA NAFTA arbitration

March 19, 2013Amicus Curiae Interventions, ICSID (World Bank), News, North American Free Trade Agreement (NAFTA)
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ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated

December 10, 2012Amicus Curiae Interventions, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, News ,
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Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award

September 2, 2012Amicus Curiae Interventions, Annulment and Court Review of Awards, Argentina, Energy Disputes, News, UNCITRAL and Ad-Hoc ,
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ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici – and those seeking to raise novel concerns such as human rights law

June 27, 2012Amicus Curiae Interventions, Human Rights and Investment Law, ICSID (World Bank), News
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Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom

March 15, 2011Amicus Curiae Interventions, Central American Free Trade Agreement, Environmental Disputes, ICSID (World Bank), Mining Disputes, News
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Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word

September 28, 2010Amicus Curiae Interventions, Central/Eastern Europe, Energy Charter Treaty, Energy Disputes, ICSID (World Bank), Intra-European Union, News, Stabilization Clauses (Tax or Regulatory) , , , , , , ,
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