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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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Media company announces sale of investment at heart of ICSID arbitration against Serbia
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Telecoms company makes good on earlier threat to bring ICSID claim against El Salvador
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Hague Court of Appeal reverses judgment that denied enforcement of Devas award against Indian state-owned company, finding that Indian courts breached due process when liquidating claimant
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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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Devas shareholders notch some procedural wins before Québec Court of Appeal, but end of enforcement proceedings remains distant
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French judge of first instance grants exequatur to Indian judgment that placed Devas Multimedia into forced liquidation
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[Updated] Al Jazeera v. Egypt arbitration is discontinued
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[Updated] Under-the-radar telecoms arbitration against Ghana concludes with award
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Spanish telecoms investor is awarded 380 million USD in treaty arbitration against Colombia
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Billion-dollar Devas v. Antrix award can be enforced in France, Cour de cassation rules
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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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Three are in place to hear Georgia’s bid to annul telecoms award
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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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Morocco reportedly prevails in telecoms arbitration
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Guatemalan company puts El Salvador on notice of treaty dispute over expropriation of telecommunication concessions
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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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[Updated] Agility announces billion-dollar win for Iraq Telecom in ICC arbitration against Korek
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Revealed: Huawei submits second notice of dispute to the United Kingdom
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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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Analysis: US court confirms 1.65 billion USD award in dispute with Iraqi telecoms provider
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[Updated] Dutch Advocate General recommends upholding enforcement of fiber network award issued against local state-owned company
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ICSID tribunal hearing telecoms dispute with Peru is reconstituted
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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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[Updated] WOM makes good on threat of ICSID arbitration against Chile
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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] Agility files a resubmission case against Iraq following partial annulment of award by ICSID ad hoc committee majority
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Brazil’s telecom regulator settles one arbitration arising from terminated concessions, negotiates an end to a second, and agrees to resume a third
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Three are in place to hear telecoms dispute with Peru
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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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Paris Court of Appeal sets aside telecommunications award based on reasonable doubts regarding independence of tribunal chair
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Politically-charged arbitration against Georgia concludes with Award
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Telecoms case against Papua New Guinea is discontinued following settlement
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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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Revealed: Tribunal is in place to hear under-the-radar treaty claim against Myanmar
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Paris Court of Appeal allows US assignees of CC/Devas v. India (1) award to intervene in enforcement proceedings
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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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Norwegian telecoms investor puts Chile on notice of treaty dispute
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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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Chilean court grants interim measures in view of potential ICSID arbitration over 5G project
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Huawei does not rule out arbitration claim against Costa Rica over 5G ban
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Revealed: Telecoms company lodges treaty arbitration against Myanmar
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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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Telecoms joint-venture reports loss in arbitration against Thai state-owned operator
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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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Dutch court dismisses application for set-aside of Devas v. India quantum award
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Australian court declines India’s attempt to invoke sovereign immunities in action for enforcement of Devas v. India treaty award
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ICSID tribunal declines to order security for costs in telecoms arbitration against Colombia
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[Updated] ICSID tribunal splits over telecoms claim against Madagascar
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Swiss Federal Tribunal dismisses South Sudan’s application for set-aside of telecoms award
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Mexican telecommunications company lodges ICSID claim against Peru
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ICSID tribunal orders Huawei to disclose mobile network operator contracts
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The UK and Belgium dismiss requests for disclosure of treaty-based notices of dispute
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US Court of Appeals reverses enforcement of Devas v. Antrix ICC award
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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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Dutch court declares request for enforcement of Devas-Antrix ICC award inadmissible
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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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Three are in place to hear re-filed telecom claims against Costa Rica
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[Updated] South Korea is held liable for treaty breach in arbitration dispute over Samsung-Cheil merger
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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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Analysis: ICSID tribunal rejects Sweden’s bifurcation request in Huawei dispute
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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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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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Singapore court confirms enforcement of 93.3 million USD Deutsche Telekom v. India award, rejecting India’s fraud allegations
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Identity of tribunal hearing under-the-radar arbitration against India is revealed
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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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Identity of claimant in recent treaty arbitration against Albania comes to light
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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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FIL-based tribunal declines jurisdiction over telecoms dispute with Kosovo
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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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Swiss Federal Tribunal declines India’s request to revise Deutsche Telekom awards
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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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[Updated with a copy of the Award] UAE-based Agility claims victory in commercial telecoms arbitration involving corruption allegations – as related ICSID cases continue to unfold
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Dutch Supreme Court dismisses India’s bid to set-aside CC/Devas treaty award
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[Updated] African state is involved in billion-dollar telecoms arbitration; local media cited minister for 1 billion USD loss, but source tells IAReporter that case is still ongoing
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Latvia could face treaty claim over telecoms dispute
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[Updated] Peru’s Supreme Court fines Spanish-owned telecoms company in income tax dispute, giving rise to speculations about an additional ICSID claim
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Peru claims victory in treaty dispute with television broadcaster
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Three are in place to hear telecoms arbitration under China-Saudi Arabia BIT
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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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Analysis: ICC tribunals find that Peruvian ministry wrongfully terminated telecom contracts, resulting in damages for US-owned claimant
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Awards surface in contract-based telecoms arbitrations against Peruvian ministry
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An ICSID tribunal is constituted to hear contract-based telecoms claim against Papua New Guinea
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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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Eduardo Zuleta is tapped to chair second treaty arbitration between Devas’ shareholders and India
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[Updated with a copy of the Decision] ICSID ad hoc committee dismisses both parties’ bids to annul award in telecoms dispute with Canada
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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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Chinese investor lodges BIT arbitration against Saudi Arabia
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Singaporean telecoms company lodges ICSID claim against Papua New Guinea, after being involved in 100 million USD tax dispute with local authorities
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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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