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UNCITRAL tribunal denies security for costs request in treaty arbitration against the Netherlands
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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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Second Zeph v. Australia arbitration sees procedural developments, as parties seek coordination with parallel UNCITRAL arbitration
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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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Uncovered: ICC tribunal rejects request for security for claim in shareholder dispute over African pipeline
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ICJ issues third provisional measures decision in South Africa v. Israel case, directing Israel to halt military operations and allow unimpeded access to Gaza strip
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Analysis: ICJ refuses to indicate provisional measures in Mexico v Ecuador case, finding unanimously that assurances given by Ecuador are sufficient
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ICC tribunal reportedly rejects request for provisional measures in multi-layered oil and gas dispute with Chad
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International Court of Justice sees no ground to indicate provisional measures aimed at limiting Germany’s supply of weapons to Israel
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Analysis: International Court of Justice issues additional provisional measures in South Africa v. Israel case
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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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[Updated] ICJ issues provisional measures in South Africa v. Israel case, finding prima facie jurisdiction and risk of irreparable prejudice to Palestinian civilians
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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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[Updated] Analysis: ICSID tribunal grants provisional measures in multi-faceted dispute between Democratic Republic of Congo and Australian miner
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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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Venezuela’s PdVSA settles arbitrations over Curaçao refinery
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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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ICJ unanimously orders Venezuela to refrain from gaining control over disputed territory, pending resolution of dispute with Guyana
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ICSID tribunal orders claimant to post security for costs
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Analysis: In duo of orders, ICC emergency arbitrator enjoins Congo’s state-owned mining company from proceeding with termination of lithium joint-venture
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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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ICSID tribunal declines to order security for costs in telecoms arbitration against Colombia
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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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ICSID tribunal hearing high-stakes gold mining dispute with Romania rejects late-stage amicus application by NGOs
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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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Tribunal in CC/Devas v. India (2) issues Interim Award on provisional measures, as India seeks to halt the arbitration through Mauritian courts
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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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ICSID tribunal rejects claimant’s unorthodox request for “discretionary relief” aimed at protecting the integrity of the arbitration
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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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ICSID tribunal hearing Croatian golf course dispute reportedly rejects provisional measures request
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ICSID tribunal hearing Peruvian gold trading dispute dismisses the respondent’s security for costs request – for now
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Tribunal majority hearing under-the-radar treaty case discontinues arbitration with prejudice after claimant fails to post security for costs; William Rowley dissents
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Tribunal hearing contract dispute over Greenland’s uranium mining ban rejects claimant’s interim measures request
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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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ICSID tribunal orders provisional measures in telecoms case
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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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[Updated] German anti-arbitration proceedings prompt another provisional measures request at ICSID
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Miner reveals that ICC emergency arbitrator ordered Cameroon to refrain from issuing exploitation permit to a third party
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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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ICJ issues provisional measures under Genocide Convention, ordering Russia to immediately suspend military operations in Ukraine
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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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ICSID tribunal rejects request for provisional measures triggered by Kuwait’s efforts to extradite investor
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UNCITRAL tribunal dismisses security for costs application and declines to issue partial award on advances for costs
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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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Kuwait Round Up: An update on arbitration proceedings against the state
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ICSID tribunal declines to grant emergency temporary relief
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ICSID tribunal invokes rarely-used power to issue provisional measures on its own motion
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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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Looking Back: Saipem v. Bangladesh tribunal upheld jurisdiction over claims arising out of a commercial arbitration award, and granted provisional measures
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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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ICSID tribunal declines security for costs application in financial services dispute with Cameroon; arbitrators will address forgery allegations in a dedicated hearing
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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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Tribunal denies claimants’ request to suspend criminal investigation into activities of their witness
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Balkans Round-Up: An update on cases against Romania, Bosnia, Kosovo, and Albania
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ICSID tribunal decides that it lacks the power to enjoin Panama from liquidating a performance guarantee under the terms of the Panama-US TPA
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Claimants in Serbian agriculture case request suspension of criminal investigation into activities of their witness
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Three are in place to hear treaty-based claims against South Korea brought by an imprisoned Chinese investor
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ICSID tribunal denies security for costs application in mining case against Rwanda
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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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The Hague District Court rejects bid to set aside partial award in Chevron v. Ecuador
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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: Russian Fund v. Lithuania tribunal allows claimant to pursue discovery application in the US
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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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Cyprus reveals that it was granted a 5 million USD security for costs in bondholder mass arbitration
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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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Analysis: Reinisch-chaired tribunal declines to suspend criminal proceedings, finding that relevant remedies were to be found in domestic law
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ICSID tribunal declines request to order suspension of criminal proceedings in Sierra Leone mining dispute
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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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Majority in Unionmatex v. Turkmenistan agrees to rescind security for costs order
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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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US-based miner files request for provisional measures with ICSID tribunal after Sierra Leone arrests five of its employees
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UNCITRAL tribunal orders Paraguay to refrain from calling on contractual guarantees, and orders the claimant to post security
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