ICSID tribunal hearing treaty dispute featuring allegations of forgery and wrongful criminal proceeding clarifies and complements earlier provisional measures and document production order, but declines to find non-compliance by the state

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Analysis: ITLOS declines to issue provisional measures in the Zheng He Case (Luxembourg v. Mexico), finding that while it has prima facie jurisdiction, no imminent risk of irreparable harm exists considering Mexico’s assurances

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Analysis: ICSID Additional Facility Rules tribunal declines claimants’ first request for provisional measures, seeing no risk of irreparable harm to investors’ rights

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[Updated with decision] Analysis: ICSID Additional Facility Rules tribunal partially grants investors’ request for provisional measures, ordering Moldova to prevent enforcement of monetary fine against domestic claimant on condition that investors deposit portion of fine into escrow account

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Tribunal majority grants Costa Rica’s request for security for costs, stressing that prior decisions are irrelevant to analysis under 2022 ICSID Additional Facility Rules

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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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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

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Tribunal majority orders claimant to provide security for costs in rare earth minerals arbitration against Greenland and Denmark; dissenter fails to see any exceptional circumstances warranting the measure

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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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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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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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Analysis: ICJ grants additional provisional measures in Nagorno-Karabakh dispute between Armenia and Azerbaijan; dissenters find that assurances made by Azerbaijan made the measures unnecessary

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Analysis: International Court of Justice issues provisional measures order against Syria, directing the state to ensure compliance with the Convention against Torture and preserve evidence of potential violations

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Emergency arbitrator declines to retract order against Congo’s state-owned mining company, but finds that further measures should wait for imminent constitution of main tribunal

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

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Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

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Analysis: UNCITRAL tribunal issues provisional measures order, prompting an arbitrator challenge, criminal proceedings, and threats of a treaty claim

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ICSID tribunal hearing intra-EU ECT case declines to enjoin Germany from pursuing anti-arbitration declaration proceedings before local courts, but directs respondent not to lodge additional court actions that may interfere with ICSID’s exclusivity clause

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Analysis: Tribunal hearing bitterly-fought Ipek v. Turkey dispute examines if contractual rights qualify as BIT-protected investments, and ultimately dismisses the case based on an abuse of process; previously unseen procedural decisions come to light

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[Updated with a Copy of the Provisional Measures Decision] Revealed: ICSID tribunal directs Spain to suspend or discontinue parallel German court proceedings in which the state seeks declaration that the arbitration is inadmissible due to its intra-EU nature

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NAFTA tribunal emphasizes that interference with domestic criminal proceedings requires exceptional circumstances, but sets out modalities for accessing witness in prison

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Nagorno-Karabakh dispute between Armenia and Azerbaijan – which has given rise to investor-state arbitration threats – sees provisional measures orders from the International Court of Justice

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NAFTA legacy tribunal declines to grant provisional measures aimed at preventing Pemex subsidiary from calling on performance bond

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EU court finds that European Central Bank could validly adopt prudential measures against PNB Banka, considering that Latvian banking regulator’s actions were restricted by ICSID tribunal’s provisional measures decision

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Analysis: NAFTA/ICSID tribunal hearing limestone quarrying dispute with Mexico issues unanimous non-aggravation order, but splits on admissibility of ancillary claim

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Analysis: ICSID tribunal in RWE v. Netherlands decides, albeit “with some hesitation”, to reject request for provisional measures aimed at halting parallel German court proceedings

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Reasons surface for ICSID tribunal’s decision to recommend some (but reject other) provisional measures in Georgia telecoms dispute

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Looking Back: Tribunal in Occidental v. Ecuador rejected provisional measures request, finding that claim for specific performance did not qualify as a right to be protected

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Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards

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Analysis: ICSID tribunal sets out reasons for provisional measures decision regarding anti-arbitration proceedings before German courts

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Analysis: ICJ orders Russia to suspend military operations based on the Genocide Convention; a minority of judges disagrees on the scope of the court’s prima facie jurisdiction and the plausibility of Ukraine’s rights

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Analysis: Uniper v. Netherlands tribunal recommends that respondent reconsider its decision to continue parallel court proceedings on intra-EU question, but stops short of ordering the state to withdraw its claim before German courts

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Counsel funding arbitration is ordered to provide written undertaking that it will pay hypothetical adverse costs award in treaty dispute; request for disclosure is rejected

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Revealed: A comprehensive account of the heretofore unpublished Bank Melli v. Bahrain award; some details have leaked, but review of award gives full picture of tribunal’s findings on Iranian sanctions questions, political expropriation, and potential set-offs

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Uniper seeks to halt anti-arbitration proceedings before German courts by requesting provisional measures from newly-constituted ICSID tribunal

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With a sole arbitrator in place to hear its claims against Kyrgyzstan, Canadian miner Centerra Gold files for urgent interim relief

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Updated: NAFTA tribunal dismisses request for interim measures, finding allegations of witness intimidation to be insufficiently substantiated

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[Updated] Shortly after the tribunal is constituted, Nigeria challenges Shell’s nominee in ICSID case – while underlying fifty-year-old oil spill dispute is reportedly settled

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Ad hoc tribunal orders Haitian state agency to post 23 million USD pre-award security in fuel supply dispute, citing civil unrest as an indication that the state is unlikely to pay a potential adverse award

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Details surface regarding provisional measures request in Georgia telecoms arbitration

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Belarus asserts that UNCITRAL tribunal dismissed bulk of claims in treaty-based arbitration, but still awarded 19 million USD to the investor

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Revealed: Tribunal in ICC dispute involving Ivory Coast’s state-owned oil company granted provisional measures, upheld jurisdiction based on allegedly pathological clause, and accepted substantial request for correction

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UNCITRAL Secretariat releases notes on third-party funding and implementation of Code of Conduct

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Analysis: ICSID tribunal sanctions non-compliance with security for costs order by discontinuing proceedings and awarding full costs to Latvia

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Looking Back: Arbitrators in Plama v. Bulgaria grappled with denial of benefits and the applicability of MFN clauses to dispute resolution

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In security for costs order in Kazmin v. Latvia case, tribunal ordered a 3 million EUR security after citing concerns about the claimant’s “business conduct”

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Revealed: Reasons surface why SCC emergency arbitrator ordered Moldova to refrain from cancelling airport concession contract

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CIS Round-Up: An update on new developments in the region

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Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim

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Disclosure of third-party funding agreement prompts request for early document production in Tennant v. Canada – but the tribunal sees no special circumstances warranting a departure from the original procedure

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Kazakhstan defeats enforcement of Stati/Ascom award against Central Bank assets – but award remains standing despite fraud allegations

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CIS Round-up: An update on arbitration cases against Armenia, Georgia, Kyrgyzstan, Turkmenistan, Ukraine, and Uzbekistan

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