[Updated] Southeast Asia Round-Up: Arbitrators are revealed in claims by Chevron and Total against Thailand, a new threat against Vietnam, arbitrations involving Indonesia and the Philippines conclude, and RCEP ratifications pass hurdle for entry into force

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Paris Court of Appeal upholds denial of justice award against Senegal, sees no bar against claims by dual nationals in underlying BIT

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Paris Court of Appeal upholds award in favour of Yemen’s oil and gas company, seeing no ground to set the award aside based on allegations that damages paid may reach terrorist organizations

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Analysis: Arbitrators in Eco Oro v. Colombia environmental mining ban dispute disagree on police powers and scope of minimum standard of treatment in Canada-Colombia FTA; majority finds MST breach, and decides that general exceptions do not relieve Colombia from its duty to pay compensation

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Looking Back: UNCITRAL tribunal in Biloune v. Ghana found creeping expropriation of resort complex, but declined jurisdiction over denial of justice and human rights claims

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Analysis: In Bahgat v. Egypt, arbitrators find that a series of measures, including the claimant’s arrest and the freezing of his assets, amounted to a violation of two BITs

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Community members submit renewed petition for amicus participation in Guatemalan mining dispute

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Looking Back: In Pey Casado v. Chile (1), arbitrators weighed in on dual nationality and ratione temporis jurisdictional objections, and ultimately found Chile liable for denial of justice

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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

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Uncovered: In Bahgat v. Egypt, a unanimous tribunal upheld jurisdiction, and deemed dual national objection to be untimely – but in a separate opinion, Orrego Vicuna made clear that he disagreed with the majority’s view that dual nationals could bring claims against states whose nationality they held

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UNCITRAL tribunal finds that Egypt breached two investment treaties through criminal proceedings initiated against investor in iron ore venture

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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

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Ukraine held liable for disproportionate gambling ban imposed without consultation or transition period; European human rights court ruling comes as another investor, Olympic Entertainment Group, pursues BIT arbitration path

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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

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India agrees new investment treaty text with Colombia, Belarus and Taiwan, advancing some of its key concerns such as partial exhaustion and human rights [UPDATED]

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Full details emerge of miner’s allegations of treaty breach by Guatemala; dispute follows domestic court rulings on investor duty to consult local communities

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Looking Back: In SPP v. Egypt, state is ordered to pay compensation after cancelling pyramids tourism project to preserve cultural heritage

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Emergency arbitrator Bernardo Cremades orders Mongolian state to ensure businessman has “reasonable access” to counsel, but declines to order state to free him from prison

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In-depth: ICSID annulment committee upholds Suez tribunal analyses of local litigation clause, necessity defence and damages

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In a first, BIT tribunal finds that it has jurisdiction to hear a host state’s counterclaim related to investor’s alleged violation of international human rights obligations

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Part 2 of 5: In von Pezold v. Zimbabwe ruling, arbitrators decided whether to attribute settler land invasion conduct to government, and considered role of human rights law

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Part 3 of 5: Arbitrators find mere non-payment of compensation renders takings unlawful, and fair treatment is denied due to breach of expectation of non-expropriation

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Part 4 of 5: In unsuccessful defence of its expropriation of Swiss/German investors, Zimbabwe pleaded customary defence of necessity, but tribunal just sees a regime pursuing political survival

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Investor offers views on legal significance of human rights arguments – and insists it has suffered unlawful expropriation – in latest pleading in Bolivian silver mine dispute

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Dissenters on European Court reject majority order to pay shareholders directly, citing Yukos’ wrongdoing as bar to compensation

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Days after Yukos arbitration ruling, European Court of Human Rights orders Russia to pay €1.866 billion to shareholders

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Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection

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After claims of human rights violation are borne out, businessman pursues ad-hoc investment treaty arbitration against Turkmenistan

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New Books, Articles and Materials on International Investment Law, June 2012 to November 2012

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South Africa pushes phase-out of early bilateral investment treaties after at least two separate brushes with investor-state arbitration

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ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court

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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

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Newly-released SAUR v. Argentina decision touches on illegality, test for expropriation, and financial “strangulation” of a concessionaire

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Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene

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European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland

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Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs

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Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes

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ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts

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ANALYSIS: Threatened claim by off-shore investors in newspaper company could stir debate as to whether investment treaties protect “political” expression

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Former ICSID claimant wins human rights case for unlawful detention and asset seizures; court does not delve into misconduct questions that had roiled earlier arbitration

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Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference

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Human Rights Court find some breaches by Russia in Yukos case, but diverges from earlier BIT arbitration ruling on other points

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Battle over reversed public tender to play out in investment treaty arbitration and before European human rights court

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Human Rights Court finds no damage suffered by foreign investors from shares freeze; parallel investment arbitration threatened against Czech Republic

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ANALYSIS: Tribunal in Grand River v. U.S.A. arbitration declines to import non-investment law obligations into NAFTA; role of other “relevant” legal obligations in treaty interpretation under Vienna Convention is not discussed

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Greece ordered to pay 3.7 million (EUR) in compensation for creeping expropriation via measures aimed at protection of endangered sea turtles; court dismisses as conjectural a much larger claim for lost-income

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Human Rights Court holds Hungary in violation of right to private life; Case highlights States’ responsibilities to police environmental effects of business activity

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Facts of failed ICSID arbitration claim give rise to ruling in human rights court; ‘veil-piercing’ of closely-held company is permitted

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Discontinuance of bilateral investment treaty claim leave some questions unresolved for South Africa; future shape of BIT program still up in the air

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Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions

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Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes

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Suez Analysis Part 2: Judge Nikken assails reading of fair and equitable treatment in light of investor’s expectations and signals that states don’t impliedly waive their regulatory powers

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NGOs permitted to intervene in South Africa mining case and for second time at ICSID, petitioners to see documents

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FREE: NGOs seek leave to intervene in ICSID arbitration arising out of South Africa’s treatment of foreign mining companies

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