Uncovered: Tribunal in Grand Express v. Belarus declares claims inadmissible after finding that claimant defrauded its Belarusian partner and sent falsified documents to Eurasian Development Bank

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Analysis: In Air Canada v. Venezuela, ICSID tribunal upheld jurisdiction over treaty claims and awarded 20 million USD in damages for breach of legitimate expectations

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Analysis: ICSID tribunal finds that Peru’s attempted unilateral termination of airport concession violated the contract and the Argentina-Peru BIT, but sees no bad faith by the state; parties are directed to make additional submissions on implementation of costs-based quantum approach

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[Updated with a copy of the Decision] Parties in airport arbitration against Peru issue diverging statements regarding ICSID tribunal’s Decision on jurisdiction, liability, and principles on quantum

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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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Analysis: Sole arbitrator orders Djibouti to pay close to 200 million USD in Doraleh Port dispute, addressing risk of double recovery due to parallel arbitration, and declining to award damages for dividends owed to a third party

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In NDP submissions, USA and Canada argue that NAFTA contains an implicit legality requirement, and highlight interpretative issues relating to expropriation, minimum standard of treatment, and national treatment

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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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Looking Back: In Bayindir v. Pakistan jurisdictional decision, ICSID tribunal grappled with notification requirement, definition of investment, and the distinction between contract claims and treaty claims; request to stay treaty arbitration during pendency of parallel contract arbitration was dismissed

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Claimants in Keystone XL Pipeline dispute challenge the USA’s interpretation of NAFTA legacy provision and argue that the respondent is trying to “game the system”

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Analysis: Allegations of Odebrecht-related corruption fail for second time in Lima highway concession dispute, despite tribunal applying flexible evidentiary standard; dissenter thought that corruption case was sufficiently made

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Paris Court of Appeal sets aside ICC award based on eulogy for Emmanuel Gaillard by the tribunal chair, which revealed a close personal relationship between the arbitrator and the claimant’s counsel

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Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing

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Analysis: ICC tribunal enjoins investor from seeking determination of contractual claims in treaty proceedings; UNCITRAL tribunal reads injunction as allowing treaty arbitration to proceed

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Newly-published procedural orders in Belbek v. Russia reveal how tribunal dealt with respondent’s belated decision to participate in Crimea case, and offer window into quantum phase of the proceedings

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New BIT case against Venezuela comes to light, as state successfully challenges claimant’s appointee over activities of law firm colleague

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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: POSH v. Mexico tribunal finds that most of the impugned measures do not bear a sufficient relation to investor and that higher standard for judicial expropriation is not met, awarding only a fraction of the damages sought; Reisman dissents

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Notice of intent in Alberta-USA dispute over Keystone XL Pipeline surfaces; province-owned entity argues that the USA breached the NAFTA/USMCA by cancelling the project for purely political reasons

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Croatia announces that it will ask for review of 2016 UNCITRAL award in light of recent court decision

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Revealed: UNCITRAL tribunal hearing dispute with Rwanda’s state-owned electricity company finds that purported settlement agreement was obtained through duress

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