USA files non-disputing party submission in CAFTA case, addressing definition of investment, limitations period, national and MFN treatment, expropriation, and customary minimum standard of treatment

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[Updated] Details regarding agribusiness arbitration against Nicaragua surface, revealing that DR-CAFTA claim stems from takeover of local farm by paramilitary forces

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US Court of Appeals confirms dismissal of set-aside application against award that declined jurisdiction over dual nationals

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Analysis: STEAG v. Spain tribunal applies discounts for taxation measure, gas-produced energy, contributory fault, reduction in lifespan, and sale of investment – reaching a damages figure of 27.7 million EUR

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Central America Round-Up: A notice of dispute, a new tribunal, and other arbitration-related developments

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Central America Round-Up: An update on arbitration-related developments in the region

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DR-CAFTA parties set out views on limitation period, minimum standard of treatment, and non-discrimination obligations in mining case against Guatemala

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TECO v. Guatemala saga continues, as the state files for annulment of resubmission award and seeks to focus attention on links between arbitrator and expert

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[Updated] In a Supplementary Decision, a resubmission tribunal in TECO v. Guatemala orders payment of interest on costs award, but arbitrators disagree on interest rate

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Community members submit renewed petition for amicus participation in Guatemalan mining dispute

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Analysis: Resubmission tribunal in TECO v. Guatemala muses on questions of res judicata and grants additional compensation for decreased electricity prices, but arbitrators disagree on further damages

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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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Analysis: DR-CAFTA tribunal dismisses Guatemala’s jurisdictional objections, with a majority finding that the treaty allows claims for reflective losses; Zachary Douglas dissents

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Analysis: Ballantine v. DR award surfaces, revealing how arbitrators dealt with – and disagreed over – first case to engage CAFTA’s ‘dominant and effective nationality’ requirement; third-party funding also reared its head at hearings

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An overview of our reporting from September-December 2018

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Analysis: In newly-rendered Aven v. Costa Rica award, arbitrators engage with CAFTA’s “dominant and effective nationality” requirement  

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Analysis: Arbitrators delve into relationship between CAFTA’s investor protections and environmental provisions, and ultimately see no breach of the former

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Arbitrators dismiss U.S. investors’ claims against Costa Rica, and find that state’s enforcement of its environmental laws was not in breach of CAFTA

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Newly-released documents in Ballantine v. Dominican Republic case reveal parties’ debates over treaty time-bar and dual-nationality provisions, alleged environmental justifications, and emergency site inspection order

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Full details emerge of miner’s allegations of treaty breach by Guatemala; dispute follows domestic court rulings on investor duty to consult local communities

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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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Claimants seek set-aside of interim ruling in CAFTA arbitration on Costa Rican sea turtle conservation measures

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CAFTA tribunal weighs in with interim award in case arising out of Costa Rica’s sea turtle conservation measures

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Arbitrators selected to hear UNCITRAL CAFTA case and ICSID Energy Charter Treaty dispute

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ICSID ad-hoc committee finds fault with CAFTA Tribunal’s approach to quantum in Guatemala case, anulling several damages and costs holdings

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US submission in DR-CAFTA arbitration flags limitations period for bringing claims, the role of local litigation waiver and meaning of treaty-based denial of justice

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Costa Rica round-up: mining arbitration is back on track after Infinito finds a funder; award and tribunal DQ decision loom in other cases

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As Canada straddles CETA and NAFTA, an effort is made in a new pleading to define legitimate expectations

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In lead-up to CAFTA hearings, parties debate timing of alleged breaches and whether regulatory protection of endangered species is indirect expropriation

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In lead-up to closed-door hearings in Pac Rim v. El Salvador case, parties’ latest briefs see new arguments on estoppel and proportionality

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Arbitration notice details alleged delays and due process failings in US miner Corona Materials’ bid for environmental permit in DR

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Dual nationals of USA and Dominican Republic threaten CAFTA claim over environmental rejection of real estate venture expansion in DR

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El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections

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Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v. Ecuador

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Guatemala breached CAFTA due to arbitrary, non-transparent setting of electricity tariffs; bitter pill for Gov’t in light of recent events

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Costa Rica update: gold miner sues over “legal vacuum”; government also faces CAFTA claim over beach expropriations, after paying 2012 ICSID award

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U.S. investor turns to court in effort to confirm CAFTA award and put pressure on Guatemala to pay $16 million

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Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence

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Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award

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ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case

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Parties to Guatemalan railway dispute joust over the need for tribunal to revise damages figures in CAFTA arbitral award

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Arbitrators frown on Spanish investor’s (Iberdrola) characterization of dispute over Guatemala electricity tariffs as an investment treaty matter

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First investor-state arbitration filed under CAFTA results in award against Guatemala

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ANALYSIS: CAFTA tribunal adopts earlier NAFTA tribunal’s reading of minimum standard; damages conditioned on investor’s handing back keys to railway

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ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute

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ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’

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ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador

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Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute

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Mining investor’s lack of funding puts CAFTA arbitration on ice

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Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute

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Parties to Guatemalan railway arbitration joust over alleged extortion, financial viability of investment, and investor’s reliance on “ultra vires” contract

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Guatemalan railway arbitration sees legal debate as to administrative delays and due process requirements imposed by CAFTA

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ANALYSIS: State’s demand that compensation be conditioned upon return of property raises questions about authority of investment treaty tribunals

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Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom

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El Salvador’s Preliminary Objections to U.S. miner’s (Commerce Group) claim will be heard in open hearings in mid-November

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Second mining claim against El Salvador registered at ICSID; Domestic litigation still ongoing in El Salvador

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ANALYSIS: Slow Gov’t decision-making, on environment & approvals, a breach of treaty obligations to foreign investors?

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Investor in Guatemala railway dispute outlines details of CAFTA claim

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More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases

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