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Filtered : Intra-European Union
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Now-public 2012 award from Achmea v. Slovakia I case saw tribunal dismiss more jurisdictional objections, including alleged illegality
Jun 18, 2014 -
In Achmea v. Slovakia I award, liability centers on two temporary measures that fall short of expropriation, but breach fair treatment standard
Jun 18, 2014 -
Arbitrators nixed DCF valuation of temporary harms In Achmea v. Slovakia I case, and declined to order state to refrain from future BIT breach
Jun 18, 2014 -
An overview of the now-public Achmea v. Slovak Republic II award
Jun 13, 2014 -
Analysis: new decision could embolden parties to seek interpretive or advisory opinions from arbitrators
Jun 13, 2014 -
Arbitrators use “prima facie” test to see if claims capable of breaching BIT, but also lapse into weighing some of the claimant’s evidence
Jun 13, 2014 -
Dutch insurance company, Achmea, releases arbitral awards from its two arbitrations with The Slovak Republic
Jun 12, 2014 -
Another claim against Slovakia fails, as arbitrators dismiss remainder of EURAM AG’s claims under Austria-Slovakia BIT
Jun 05, 2014 -
Another week, another arbitration claim against Spain: InfraRed Environmental Infrastructure sues at ICSID
Jun 04, 2014 -
Arbitrators dismiss claims by Dutch insurer, but investor says it has achieved goal of averting Slovak nationalization and creation of single-payer health system
May 23, 2014 -
ICSID panelists in place in Courts v. Madagascar arbitration and Micula v. Romania (annulment) proceedings
May 15, 2014 -
Round-up: Water concessionaire warns Estonia under Dutch treaty; Uruguay threatened over decree affecting ownership of pharmacies
May 13, 2014 -
As Romania seeks annulment of $250 million award at ICSID, enforceability questions loom
Apr 22, 2014 -
Investors in Hungary’s radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs
Apr 17, 2014 -
In now-available UNCITRAL award, tribunal chaired by Brigitte Stern says that MFN clause cannot be used to broaden jurisdiction of Germany-Bulgaria treaty
Feb 25, 2014 -
New arbitrations registered by ICSID: Michael Dagher v. Sudan and Blusun and others v. Italy
Feb 23, 2014 -
Bulgaria obtains enforcement of costs award; court dismisses investor’s belated allegation of arbitrator bias due to issue-conflict
Feb 14, 2014 -
ICSID’s first claim of 2014 is brought against Spain by Masdar, a Dutch subsidiary of U.A.E. renewable energy company
Feb 12, 2014 -
Newly-obtained arbitral rulings offer window into first-documented UNCITRAL investment treaty claim: Saar Papier v. Poland
Jan 29, 2014 -
A ban on foreign investor’s import of “waste” is deemed an expropriation – due to its effect and also because it was contrary to legitimate expectations
Jan 29, 2014 -
In first known UNCITRAL BIT award, arbitrators considered a state’s duty to mitigate damages; Poland declined to pay until Central Bank funds were frozen
Jan 29, 2014 -
Parties to Greek sovereign debt case agree to fast-track jurisdictional objections, so that merits phase can play out as scheduled in 2015-16
Jan 21, 2014 -
Croatia Round-up: Arbitrators in place for Croatian real estate dispute; Gov’t files UNCITRAL claim against Hungarian energy company
Jan 21, 2014 -
Despite plunge in Venezuela claims, ICSID sees 40 cases come through its doors in 2013; intra-EU treaty claims continue to proliferate
Jan 19, 2014 -
In new procedural decision, arbitrators in Greek sovereign debt case clarify possible merits process
Jan 19, 2014 -
In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic
Jan 10, 2014 -
In Micula v. Romania case, EU expresses doubts as to legality of ordering EU state to compensate investors for lost incentives
Jan 06, 2014 -
Majority of tribunal sets high bar for relying on treaty’s umbrella clause: commitments to investors must be vested rights under local law
Jan 06, 2014 -
Investors seek injunctive relief and channeling of damages to select claimants in Romania case; should damages reflect benefits for claimants of joining EU?
Jan 06, 2014 -
In analysis of legitimate expectations, arbitrators ask whether investors or Romania bore “the risk of regulatory change”
Jan 06, 2014 -
Arbitrators find fault with Romania for not apprising investors “reasonably soon” after it had become clear that incentives would need to be revoked
Jan 06, 2014 -
Arbitrators award damages for actual losses, as well as some future lost profits in dispute over withdrawn investment incentives
Jan 06, 2014 -
Another French investor, Le Chèque Déjeuner, sues Hungary at ICSID over state take-over of popular meal voucher sector
Jan 02, 2014 -
Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID
Jan 01, 2014 -
Arbitral award is now available for download in Ioan Micula and others v. Romania arbitration
Dec 19, 2013 -
After 8 year ICSID marathon, foreign investors win $250 million in damages and interest in dispute with Romania arising out of withdrawn incentives
Dec 12, 2013 -
Arbitral awards in Nordzucker v. Poland investment treaty case now available for download
Dec 12, 2013 -
Bulgaria disputes: German investor’s BIT claim is dismissed by tribunal chaired by Brigitte Stern; meanwhile, tribunal in separate treaty case at ICSID is constituted
Dec 12, 2013 -
Germany-Poland BIT award in Norzucker case adopts novel approach to claims centered on events that occurred before arbitral consent was given
Dec 10, 2013 -
In jurisdiction ruling, foreign investor bidding in privatization – but failing to acquire assets – is entitled to some treaty protection
Dec 10, 2013 -
In merits award, opaque and protracted privatization process breaches treaty even though no investment was made
Dec 10, 2013 -
In previously-unseen damages award (Nordzucker v. Poland), investor can’t prove causal link between mistreatment during Polish tender and future lost profits
Dec 10, 2013 -
Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector
Dec 05, 2013 -
Poland releases a new – less redacted – version of award from dispute with French pharma companies; MFN can’t broaden investment treaty’s arbitration clause
Oct 24, 2013 -
Poland discriminated by not renewing foreigners’ pharma marketing authorizations; BIT tribunal asserts power to impose ‘punitive’ damages beyond market value
Oct 24, 2013 -
German Supreme Court declines to opine on validity of intra-EU bilateral investment treaties
Oct 18, 2013 -
Czech Republic says it prevailed in BIT arbitration with German property-developer ECE, but offers few details
Oct 09, 2013 -
Disputes Round-up: New claims against Hungary and Nigeria land at ICSID, as investors put Belarus and Cyprus on notice of treaty disputes
Sep 10, 2013 -
ICSID arbitrators named for UAB Energia v. Latvia and Georg Gavrilovic v. Croatia cases; replacements picked for Zimbabwe and Peru tribunals
Jul 07, 2013 -
Arbitrators issue decision on Germany’s preliminary objections in nuclear phase-out case; Vattenfall’s Energy Charter Treaty claims to proceed
Jul 04, 2013 -
As Croatia joins EU, it faces ICSID arbitration over thwarted resort development on Dalmatian coast
Jul 04, 2013 -
Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first
Jun 18, 2013 -
Slovakia round-up: Tribunals in place for steel plant and (new) health insurance disputes; assets frozen in Luxembourg in bid to collect on 2012 award
Jun 12, 2013 -
Bondholders’ claim against Greece is registered at ICSID, as mandatory wait-period expires on another threatened arbitration
May 30, 2013 -
Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute
May 15, 2013 -
Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection
May 10, 2013 -
Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus
May 10, 2013 -
ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation
May 10, 2013 -
First arbitration against Cyprus is in motion, with waiting period running on $1 billion claim arising out of nationalization of major bank
Mar 27, 2013 -
Investment treaty arbitration against Greece looms after foreign bank gives notice of dispute due to “discriminatory” bail-out
Mar 27, 2013 -
Investor’s nominee resigns in face of alleged “issue-conflict” challenge; Slovak Republic says BIT claim is an abuse of process
Mar 12, 2013 -
Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law
Feb 27, 2013 -
ICSID tribunal is finalized for claim by two Italian investors (Gavazzi) in Romanian steel plant
Feb 14, 2013 -
Dutch investor, Achmea, seeks to test limits of investment treaty arbitration by asking arbitrators to block state from expropriating its assets
Feb 08, 2013 -
UNCITRAL tribunal chaired by Christopher Greenwood declines to let claimant use MFN clause to detour around highly-restrictive arbitration clause
Jan 17, 2013 -
As investor in litigation-funded case (EuroGas) continues to rattle saber, Slovak Republic announces it will deny benefits under investment treaty
Jan 09, 2013 -
Polish court rules on release of investment arbitration awards under Freedom of Information law
Jan 02, 2013 -
Arbitrators selected to hear billion-dollar treaty claim by Vattenfall arising out of Germany’s phase-out of nuclear power generation
Jan 02, 2013 -
Investor announces victory in intra-EU BIT arbitration with Slovakia arising out of health insurance policy changes
Dec 10, 2012 -
ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated
Dec 10, 2012 -
ANALYSIS: Measures other than outright termination of power purchase agreement fail to rise to level of treaty breaches by Hungary in Electrabel arbitration
Dec 10, 2012 -
Tribunal in Electrabel case finds that Hungary did not breach Energy Charter Treaty, but one claim reserved for future determination
Dec 05, 2012 -
Poland prevails in intra-EU BIT case; UNCITRAL arbitration chaired by V.V. Veeder rejects mistreatment claims of German investor
Sep 16, 2012 -
Poland and Armenia neglect to release arbitral awards under domestic freedom of information laws
Sep 16, 2012 -
Lithuanian investor asks for ICSID to play hands-on role at outset of new arbitration against Latvia
Sep 09, 2012 -
Romania faces new arbitrations at ICSID over steel plant, and at ICC in unrelated environmental dispute
Sep 09, 2012 -
In newly-unearthed jurisdiction ruling from Ostergetel and Laurentius v. Slovakia case, UNCITRAL Tribunal ruled on compatibility of BITs with EU law and declined to consult ECJ; effective nationality of claimants also studied
Jul 17, 2012 -
AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
Jul 03, 2012 -
In new arbitral award, Fortier, Stern and Alvarez diverge with respect to German investor’s claims against Czech Republic
Jun 11, 2012 -
Germany is sued at ICSID by Swedish energy company in bid for compensation for losses arising out of nuclear phase-out
Jun 01, 2012 -
Newly-released arbitral award shows Slovak Republic did not thwart legitimate expectations of Dutch investors in Oostergetel case
May 29, 2012 -
Tribunal finds no expropriation, denial of justice, or lack of full protection and security in Oostergetel v. Slovak Republic case
May 29, 2012 -
Annulment Committee rejects Turkey’s bid to lift stay of enforcement on $15 Million costs award against investor
May 22, 2012 -
Arbitrator Brigitte Stern survives another bid to disqualify her – this time on grounds of alleged prejudgment of legal issues arising in intra-Europe BIT arbitration
May 22, 2012 -
German Court rejects Slovak Republic’s suggestion that arbitrators were wrong to find jurisdiction over intra-EU investment treaty dispute
May 10, 2012 -
Kaufmann-Kohler tribunal dismisses another intra-EU investment treaty claim against Slovak Republic; government has won four treaty claims to date, four more pending
May 03, 2012 -
Italy put on notice of treaty claim arising out of economic austerity
Apr 30, 2012 -
Long-running dispute over bankrupt factory in Hungary leads to intra-EU BIT claim
Apr 22, 2012 -
New ICSID Claims: Gas investors file against new Slovak Gov’t; more claims for Equatorial Guinea and Turkmenistan
Apr 10, 2012 -
In new ruling, Poland held liable for breach of intra-EU BIT
Mar 26, 2012 -
Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant
Mar 26, 2012 -
Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings
Feb 07, 2012 -
ICSID nixes effort by two blocs of investors in Hungary to unilaterally join their arbitral claims
Dec 31, 2011 -
Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs
Dec 15, 2011 -
Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes
Dec 15, 2011 -
ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts
Dec 15, 2011 -
Swedish energy company reportedly planning new ICSID arbitration over German nuclear phase-out
Nov 02, 2011 -
As new arbitral claim is brought against Kyrgyzstan, an ICSID award remains unpaid
Sep 29, 2011 -
Efforts to set-aside intra-EU BIT award likely to be abandoned, as Czech government claims victory in arbitration
Sep 07, 2011 -
Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure
Sep 07, 2011