Analysis: Tribunal in ICSID case against Tanzania sees no requirement that the investment must have been actively made, and finds that the state unlawfully expropriated retention licences held by foreign investors

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Southern and Eastern Africa Round-Up: A new award against Kenya’s airport authority, an ICC case involving Zimbabwe, and disputes looming in Burundi

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Peru round-up: A pandemic-related notice of dispute, imminent public hearings, and an update on 12 other arbitrations against the state

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Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state

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In previously confidential rulings, stay of enforcement was lifted in Zimbabwe case, and ICSID panel gave the state another shot at effecting restitution of seized properties – but no payment or restitution was forthcoming

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CAFTA tribunal confirms power to order a stay of its proceedings, but finds claimants’ parallel set-aside request an insufficient basis for doing so

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Damages Analysis: latest Venezuela award uses asset-based valuation – overriding state’s push for income-based approach – and advocates for a low pre-award interest rate

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Part 1 of 5: In now-public 300+ page Zimbabwe ruling, ICSID tribunal ordered restitution of expropriated farms, as well as tens of millions in further damages

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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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Part 5 of 5: Tribunal’s damages holdings in Zimbabwe case includes a discounted cash flow award, as well as orders of restitution and moral damages due to physical mistreatment

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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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South Africa declines to appeal ruling ordering Gov’t to assist farmers; regional tribunal finds Zimbabwe in contempt

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