Analysis: In Sodexo v. Hungary, tribunal split on distinction between “expropriation” and “dispossession”, but full tribunal found that Hungarian reform of meal voucher market breached BIT

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[Updated] Reficar seeks §1782 U.S. Code discovery to fight corporate restructuring that would allegedly annihilate billion-dollar ICC award in favor of the state entity

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US court enforces Perenco v. Ecuador award, finding that disputed setoffs are not permitted in ICSID enforcement proceedings, and that post-judgment interest should accrue at the statutory (rather than the award’s) interest rate

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Dispute over enforcement of intra-EU ICSID award against Spain heats up, as both parties to the NextEra v. Spain arbitration seek anti-suit injunctions

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[Updated] Vattenfall asks for discontinuance of ICSID arbitration against Germany, after settlement enters into force

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Looking Back: ICSID tribunal in AIG v. Kazakhstan dismissed a jurisdictional objection based on the respondent’s lack of participation in the tribunal’s constitution, found an indirect expropriation, and discussed principles of compensation

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US declines OFAC authorization for enforcement of billion-dollar award against Venezuela, despite threat of NAFTA claim

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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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Turkey Round-Up: Istanbul Canal project prompts political debate focusing on potential arbitration claims, an arbitration nearing an end, and an update on various other arbitration-related developments

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Advocate General advises European court to quash judgment that found payment of Micula award to be compatible with state aid rules; opinion also touches on temporal application of Achmea judgment

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

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India is put on notice of treaty-based dispute over alleged retaliatory actions against claimants in billion-dollar satellite arbitrations

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CIS Round-Up: Possible claims arising out of the Armenia-Azerbaijan conflict, and an update on disputes involving Russia, Turkmenistan, Kazakhstan, and Moldova

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CIS round-up: An update on arbitration cases against Ukraine, Kazakhstan, Belarus and Azerbaijan

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Analysis: Tribunal in KBR v. Mexico found that proceedings for the enforcement of a commercial award fell under the scope of NAFTA’s waiver requirement

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Group of renewables investors waive their arbitration rights in order to benefit from Spain’s new incentives scheme

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After identifying a “significant risk” of non-recoupment, ICSID ad hoc committee extends stay of enforcement of SolEs Badajoz v. Spain award

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Reasons surface why Cube v. Spain committee declined the EC’s request to intervene as amicus curiae, and lifted the stay of enforcement of the award

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Stay of enforcement is terminated in renewables case, after Spain fails to provide an undertaking to comply with the underlying award

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Breaking: Resubmission tribunal in TECO v. Guatemala case awards additional damages in long-running electricity distribution dispute

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Spain is granted conditional stay of enforcement in renewables case, but argument on potential EU penalty for payment of ICSID award does not gain traction with ad hoc committee

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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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Canada round-up: Canada prevails in claim brought by Egyptian investor, as a number of other cases see new developments

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UPDATED: ICSID ad hoc committee offers to extend stay of enforcement of $400+ million arbitral award, if respondent-state commits to pay award if annulment application is unsuccessful

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UK Supreme Court finds in favour of Micula brothers and lifts stay of enforcement of ICSID award

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Romania round-up: As state reportedly moves to pay controversial Micula award, we provide an update on developments in seven investment treaty-based arbitrations

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Crystallex v. Venezuela: U.S. Appeals Court OK’s enforcement of billion dollar ICSID award through attachment of shares in U.S. based refinery company

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Sweden’s Supreme Court agrees to review Achmea-related effort to set aside BIT award, and to stay its enforcement in interim

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Newly-released decision explains why annulment committee in Hochtief v. Argentina stayed enforcement of an award in favour of party seeking annulment

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Poland investment treaty claims round-up: an update on new claims, progress of ongoing cases, and enforcement/set-aside actions

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ANALYSIS: now that first EU court has set aside an intra-EU BIT award due to Achmea ruling, we look at the fate of three other awards

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Swiss Federal Supreme Court declines enforcement of investment treaty award, finding no “substantial link” to Switzerland in underlying dispute

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An update on eight investment arbitration claims against Canada

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A first look at ICSID’s proposed rules changes, including in relation to provisional measures, third-party funding, security for costs, and arbitrator disqualification

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In newly-surfaced award, ICC tribunal rejects government’s attempt to use UN Convention on Corruption – and non-public tendering of contract – to argue for illegality of investment

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Analysis: in a pair of recent decisions, ICSID committees disagree on conditions for continuing a stay of award enforcement; one committee deems conduct of state in a prior case to be in violation of ICSID Convention

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Elliott hedge fund BIT claims: U.S. hedge fund threatens Korea, as its separate BIT case against Poland nears conclusion, and compliance with adverse costs award in a third BIT case remains a mystery

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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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English court orders security for costs against claimants in set-aside proceedings funded by Burford Capital, but declines security over still-unpaid adverse costs order in underlying arbitration

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As another Spain award looms, four more previously-confidential renewables cases surface; potential liability for all pending claims now exceeds $9.5 billion

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Stay of enforcement of $370+ million award is lifted, as ICSID panel does not see clear promise by Ecuador to swiftly comply if award is not overturned, nor a compelling case of economic hardship

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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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In new development, Micula claimants fail to obtain security from Romania as this would contravene EU Commission’s order prohibiting Romania from complying with award

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After colorful collection battle, 45 million Euro BIT award against Thailand is recognized by Germany’s highest court

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Russian space agency threatens BIT arbitration against France following moves to enforce Yukos award – dispute echoes Kaliningrad BIT claim against Lithuania

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ANALYSIS: as Venezuela’s ICSID debts hits $4.6 billion (before interest), two ad hoc committees offer differing approaches to requests that stays of enforcement be lifted

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In-depth: exploring the reasons why an ICSID annulment committee has declined Romania’s bid to annul Micula award

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Arbitrators selected for Stans Energy’s new claim vs. Kyrgyzstan, as battle over earlier award continues

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In a first for Venezuela, written pledge to honor ICSID award is accepted by annulment committee – thus ensuring stay of enforcement of $1.6 billion Exxon award

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Ukraine: updates on arbitrator resignations, costs-order collections, and other recent arbitral developments

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Mexico secures dismissal of NAFTA claim brought by Kellogg, Brown and Root (KBR) in dispute arising out of unpaid ICC arbitration award

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Russia held liable for expropriation of Italian business, Valle Esina S.p.A., in unpublicized investment treaty arbitration

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Award compliance: updates on two awards against Democratic Republic of Congo, and a third against Turkmenistan

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Investor’s duty to pass a portion of award-recovery to third-party funder is cited as a reason to not lift a stay of enforcement of that award

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