US court declines to enforce ICC award against Guinea, disagreeing with arbitral tribunal and set-aside judges that the state was a party to the underlying arbitration agreement

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Amici curiae weigh in on minimum contacts requirement and due process protection for foreign states in SCOTUS proceedings for enforcement of Devas v. Antrix ICC award

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Analysis: Parties in ICSID arbitration brought by US creditors of Mexican TV station hold opposing positions on jurisdictional requirements for filing NAFTA legacy claim

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Analysis: In Neustar v. Colombia, ICSID tribunal finds that corporate claimant cannot unilaterally be substituted with another entity, rejects abuse of rights allegations, and finds no treaty breach in state’s refusal to extend telecoms concession

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US court grants default judgment for enforcement of arbitral awards against Peru, but rejects petition for default judgment against Peruvian state entity with separate legal personality

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Paris Court of Appeal changes its mind with respect to intervention of CC/Devas’s assignees in proceedings for enforcement of treaty award against India

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Québec court lifts attachment of assets belonging to India’s Airports Authority in long-running CC/Devas v. India (1) dispute, finding that the agency benefits from sovereign immunity

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ICSID tribunal in Huawei v. Sweden allows European Commission to intervene as non-disputing party through written submission addressing EU cybersecurity regulation, while rejecting request for broader participation

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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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[Updated] Singapore court finds that challenge by Indonesia’s Ministry of Defence against enforcement of satellite services award is belated; allegations of fraud, though arguable, would not suffice to oppose enforcement

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[Updated] US court enforces Deutsche Telekom v. India award, finding that FSIA’s arbitrability exception applies; India is not entitled to separate proceedings to air its merits defenses

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ICSID ad hoc committee majority partially annuls Agility v. Iraq award, finding that tribunal failed to exercise jurisdiction and state reasons in dismissing claim on the merits

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US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position

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Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law

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Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court

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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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Australian court grants India leave to appeal decision that rejected the state’s sovereign immunity defence in CC/Devas v. India enforcement proceedings

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Analysis: Dutch court dismisses India’s application to set aside CC/Devas v. India quantum award, finding that res judicata effect of previous Dutch court decision addressing fraud allegations prevents India from relying on Indian Supreme Court judgment

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Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits

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Analysis: Elliott v. South Korea tribunal finds that respondent’s undue interference with corporate merger to benefit local grandees related to the claimant’s investment, and awards 53.6 million USD in damages

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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 Award] Revealed: Tribunal rejects telecom claims against Turkmenistan on the merits, finding that state authorities had full discretion not to renew framework agreement

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Revealed: ICC tribunal in Blerim Devolli v. Kosovo declines jurisdiction under foreign investment law, seeing insufficient evidence of a foreign contribution of value and finding that the claimant does not qualify as a foreign national

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Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

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Analysis: ICC tribunal finds that Iraqi partners in Korek committed “fraud on a massive scale”, leading to the expropriation of Agility’s and Orange’s investment

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Looking Back: In Cable TV v. St. Kitts and Nevis, a contract-based tribunal analyzed the nature of constituent subdivisions and agencies, ultimately deciding that the state had not consented to ICSID jurisdiction

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Analysis: Swiss Federal Tribunal decides that revision proceedings are not available against Interim Award that withstood set-aside request, while finding that request for revision of Final Award is time-barred and not based on new evidence

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Analysis: Global Telecom Holding v. Canada award withstands annulment bids by both parties, as ICSID ad hoc committee sees no reason to annul either the tribunal’s decision to uphold jurisdiction over national security review mechanism, or the ultimate dismissal of GTH’s claims

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Canadian court dismisses India’s sovereign immunity defence in Devas (1) enforcement proceedings – opining that fraud allegations are irrelevant at this stage

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Analysis: ICSID AF tribunal hearing Mexican satellite dispute rejects jurisdictional objection based on argument that through a “mirror act”, investor sought a repetition of contested measures to gain access to treaty arbitration; claims are dismissed on the merits

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CIS Round-Up: Russian court deems arbitration clauses unenforceable against sanctioned entities, new cases, concluded disputes, and an ECtHR ruling

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India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee

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Delhi High Court sets aside billion-dollar Devas-Antrix satellite award based on “patent illegality”, while related treaty claim remains ongoing

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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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Brazil Round-Up: Telecoms arbitrations are getting underway, Brazil and several state-owned entities are involved in security cases arising from Lavo Jato corruption scandal, and an update on other ongoing and past arbitrations

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