Looking Back
You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.
Recent Articles
-
Looking Back: Fortier-chaired tribunal in Santa Elena v. Costa Rica found environmental objectives irrelevant to compensation under international law
Sep 17, 2017 -
Looking Back: In pioneering Azinian v. Mexico award, NAFTA tribunal dismissed claim on its merits, chastised claimants for investor misconduct and offered early analysis of the denial of justice standard
Sep 06, 2017 -
Looking Back: German investor, Franz Sedelmayer, was early-adopter of investment treaty arbitration, but had to engage in decade-long assets hunt against Russia
Aug 29, 2017 -
Looking Back: In ADF v. USA arbitration, “Buy America” requirements lead arbitrators to take first look at NAFTA’s government procurement exception, and to consider scope of minimum standard of treatment
Aug 24, 2017 -
Looking Back: in Wena Hotels v. Egypt case, tribunal rejected corruption allegations and found an expropriation even though hotels were later returned to investor
Aug 08, 2017 -
Looking Back: Methanex v. USA established iconic ‘police powers’ test, admitted first-ever amicus brief, and delved into use of WTO case-law, admissibility of unlawfully-obtained evidence, and NAFTA’s ‘relating to’ requirement
Aug 01, 2017 -
Looking Back: Methanex tribunal deferred to scientific study undertaken by University of California, and rejected jurisdiction after finding no breaches on the merits
Aug 01, 2017 -
Looking Back: Vivendi v. Argentina saga explored the relation between contract and treaty claims
Jul 05, 2017 -
Looking Back: In resubmitted Vivendi proceedings following annulment, tribunal confirms jurisdiction and finds Argentina in breach of FET
Jul 05, 2017 -
Looking Back: In Impregilo v Pakistan case, arbitrators needed to grapple with distinction between treaty/contract claims and scope of umbrella clause
May 22, 2017 -
Looking Back: Turkey’s first ICSID case ends with FET breach for failure to create stable and predictable legal framework for PSEG, but compensation is limited to amount invested
May 03, 2017 -
Looking Back: In SD Myers v. Canada case, arbitrators rule that temporary ban on cross-border hazardous waste shipment had protectionist intent
Apr 26, 2017 -
Looking Back: At damages phase, arbitrators in SD Myers v. Canada case quantified foregone income due to border closure; role of NGO-driven political risk also touched upon
Apr 26, 2017 -
Looking Back: Saluka v. Czech Republic tribunal considered jurisdiction over counterclaims, and declined to hold claimant accountable for alleged misdeeds of parent company
Apr 03, 2017 -
Looking Back: At merits phase, Saluka v. Czech Republic discusses the role of regulatory powers in establishing expropriation and FET breaches
Apr 03, 2017 -
Looking Back: Ethyl v. Canada case drew early public attention to previously obscure arbitration process, and settled after tribunal’s jurisdiction ruling
Mar 21, 2017 -
Looking Back: Eureko v. Poland case triggered early debates over role of domestic law in investment arbitration, and grappled with contract-treaty distinction
Feb 27, 2017 -
Looking Back: in Waste Management v. Mexico, two tribunals discuss waivers, res judicata, the meaning of Fair and Equitable Treatment, and much else
Feb 27, 2017 -
Looking Back: in first award involving the US under NAFTA Chapter 11, tribunal found no denial of justice against Canadian investor Mondev
Feb 17, 2017 -
Looking Back: Tecmed v. Mexico breaks ground in adopting expansive reading of the Fair and Equitable Treatment and upholding protection of investors’ “legitimate expectations”
Feb 12, 2017