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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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

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Analysis: In WRB v. Grenada (2) award, arbitrators order Grenada to repurchase shares in local electricity provider at above fair market value

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CIS Round-up: A discontinuation, a provisional-measures ruling, a new case, and Russia enters the fray

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REVEALED: the detailed reasons why arbitrators have ordered Turkey to suspend local criminal and civil proceedings running parallel to an ICSID case – but declined to block extradition requests

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Balkans round-up: Slovenian and Macedonian cases are discontinued, Bulgaria case moves to the merits, and awards loom in a quartet of other cases in the region

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NAFTA tribunal orders respondent to provide “concrete information” about the existence of any criminal investigations against the claimants’ counsel, Quinn Emanuel

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Looking Back: Pope & Talbot v. Canada offered influential discussions of indirect expropriation and national treatment, and famously viewed 2001 FTC Statement as an amendment to NAFTA

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In a new security for costs ruling, arbitrators reject state’s request and stress that claimant’s third party funding agreement provides for “at least some non-trivial cost coverage”

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As Sierra Leone disregards ruling by ICC emergency arbitrator Zachary Douglas, a parallel investment treaty-based arbitration is brought to ICSID

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