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  • Title: Financial Times, August 11, 2011 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: You are here:.. regularly breaks stories that don't appear anywhere else.. One measure of our influence is the frequency with which our reports are cited by name in the mainstream and financial media.. Some recent citations appear below.. Bloomberg New.. s cites.. in a feature article on allegations of arbitrator-bias in investment treaty arbitration: ".. Treaty Disputes Roiled by Bias Charges.. ", July 10, 2013.. The Wall Street Journal.. cited.. IAReporter's.. breaking news on an ICSID arbitration filed by the Chinese financial services company, Ping An, against the Kingdom of Belgium: ".. Ping An Files Claim Over Fortis Loss.. ", September 25, 2012.. The.. Financial Times.. reported on.. breaking news about an.. ICSID arbitration filed by the Chinese financial services company, Ping An, against the Kingdom of Belgium:.. "Ping An in arbitration claim over Fortis".. , September 24, 2012.. Reuters.. picked up on.. revelation that Spanish telecoms giant Telefonica had filed for arbitration against the Government of Mexico under the Spain-Mexico bilateral investment treaty:.. "Telefonica seeks $1 bln from Mexico over phone fees", June 27, 2012.. The Toronto.. Globe and Mail.. picked up on our report about a new NAFTA Chapter 11 arbitration ruling in the claim by Exxon-Mobil and Murphy Oil against the Government of Canada:.. "Canada loses NAFTA battle to Exxon",  ...   (ICSID).. The Prague Post.. , in a June 8, 2011 news report, interviews.. Editor Luke Peterson for analysis of the Czech Republic's efforts to fight the seizure of various Czech artworks in a long-running dispute over an arbitration award: "Priceless works of art seized", June 8, 2011.. Agence France Presse.. breaking news report about the Republic of Georgia's arrest of a pair of foreign investors in a dispute over payment of an arbitral award and allegations of bribery: "Georgia detains Israelis for alleged 7 Mil Dollar bribe offer", AFP, October 16, 2010.. The Guardian.. (UK) cites.. in an opinion-column on a pending arbitration between a US mining corporation and El Salvador:.. "Stop private firms exploiting poor states".. , by Kevin Gallagher, February 5, 2010.. quotes.. in a news item on the proliferation of arbitrations between Western European companies and Eastern European governments:.. "Sour aftertaste for deal sweeteners".. , By Stanley Pignal and Nikki Tait, June 23, 2009.. The Economist.. in a feature article on the battle over transparency in investor-state arbitration:.. "Investment, arbitration, and secrecy: Behind closed doors".. , April 23, 2009.. in a report on a Billion Dollar arbitration mounted against the Government of Germany by a Swedish power company:.. "Germany faces action over power plant".. , By Chris Bryant, April 7, 2009..

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  • Title: Prague Post, June 8, 2011 - Investment Arbitration Reporter (IAReporter)
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  • Title: Agence France Presse, Oct. 16, 2010 - Investment Arbitration Reporter (IAReporter)
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  • Title: Financial Times, June 23, 2009 - Investment Arbitration Reporter (IAReporter)
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  • Title: The Economist, April 23, 2009 - Investment Arbitration Reporter (IAReporter)
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  • Title: Financial Times, April 7, 2009 - Investment Arbitration Reporter (IAReporter)
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  • Title: Investment Arbitration Reporter (IAReporter)
    Descriptive info: Credit card payment confirmed.. Research Assistant Sought.. Reader Testimonials.. Search Tips.. Subscriber Login.. Russian investor files a notice of dispute, but threatened ICC arbitration has yet to materialize in fight over nationalized bank.. PDF Editions 2.. Ecuador becomes second state to exit ICSID; approximately two-thirds of Ecuador's BIT claims were ICSID-based.. Denmark and Czech Rep to terminate BIT; but not all EU members agree with Czech view that intra-EU BITs are unnecessary.. BRIEFLY NOTED: United States seeks public input into Model Bilateral Investment Treaty review process.. BRIEFLY NOTED: Annulment sought in RSM v.. Grenada and Siag & Vecci v.. Egypt cases at ICSID.. Chinese financial services company weighing arbitration claim against Belgium in dispute over collapsed bank?.. Divided ICSID panel offers sharply divergent interpretations of treaty concluded by Slovenia and Croatia.. BRIEFLY NOTED: ICSID registers claim under US-Ukraine BIT in relation to poultry dispute.. FREE: American Lawyer magazine unveils list of largest arbitrations, and features on Argentine claims and multi-forum cases.. FREE: Will the battle over Internet-filtering software play out on the investment treaty playing field?.. Majority sides with claimants in Siag and Vecchi case, and awards $74.. 5 Million for Egyptian seizure of resort land.. United States Government prevails in Glamis Gold arbitration under NAFTA.. Tribunal in Siag and Vecchi v.. Egypt case splits on allegations of fraud or impropriety.. Expropriation is unlawful in Siag & Vecci v.. Egypt case; arbitrators reject need for continuous nationality.. Arbitrators rule that Thailand denied fair and equitable treatment to German construction firm.. Tribunal constituted to hear Malicorp v.. Egypt case at ICSID; earlier contract arbitration may loom in case.. South Africa declines to appeal ruling ordering Gov't to assist farmers; regional tribunal finds Zimbabwe in contempt.. BRIEFLY NOTED: Austrian power company sues Macedonia for breach of Energy Charter Treaty.. Tribunal constituted to hear water extraction dispute between German investor and Czech Republic.. Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices.. Slovak Republic prevails in UNCITRAL claim with Austrian investor; treaty contained narrowly-cast jurisdictional clause.. Financial crisis spawns more investor arbitrations, as shareholders in Kazakh bank sue Kazakhstan.. German investor has arbitration against Turkmenistan registered at ICSID.. BRIEFLY NOTED: Christoph Schreuer to retire from University of Vienna, will continue Of-Counsel role with law firm.. Sempra asks ICSID panel to lift stay of enforcement of arbitral award in dispute with Argentina.. ANALYSIS: NAFTA challenge ruling may stir debate as to implications in Energy Charter Treaty cases.. Will gold mine at centre of failed NAFTA expropriation claim have profitable future?.. Treaty claim is latest salvo by Danish firm in Algerian windfall tax dispute.. FREE: Jordan faces claim from jilted investors in light railway.. FREE: February 2010 investment treaty conference slated for Sydney, Australia.. European Commission moves to intervene in ICSID arbitration related to withdrawal of investment incentives by Romania.. ANALYSIS: Stakes higher in Micula v.. Romania case given tribunal’s signal that it could order restitution of legal framework?.. Canada's new BITs with several EU member-states reflect EU requirements and Canadian reform agenda.. ANALYSIS: Multitude of safeguards and exceptions make for baroque Canadian BITs with Romania, Latvia, Czech Republic.. Hochtief v.. Argentina case likely to see clash over whether German investors can use MFN clause to skip waiting period.. CAFTA Claim: mining corp moves to arbitration with El Salvador; enviro impact of project is hotly contested.. NAFTA Claims: US pulp and paper company notifies Canada of potential claim for expropriation of assets.. NAFTA Claims: Mexican trucking association files Notice of Arbitration against US Government.. Cases Closed: Mittal v.. Czech Republic and TransGlobal Petroleum v.. Jordan.. New Articles and Books on Investment Treaty Law: Dec 2008 to April 2009.. ICSID tribunal holds that market value compensation is owed to evicted Dutch farmers - not a lesser amount.. New documents posted to Investment Treaty Arbitration website.. Third member of ICSID annulment committee in Malaysia case insists upon significant contribution to economic development.. Arbitrators diverge on MFN application to dispute settlement in Spain-Russia treaty.. Analysis: Ruling in Russian case could spawn further use of Russian and Chinese treaties.. ICSID claim against Czech Republic dismissed; investor restructured with sole intent to internationalize dispute.. Dow Chemicals moves forward with NAFTA arbitration against Canada over provincial ban on law pesticides.. Romania challenges arbitrator whose law firm represents investor with separate potential claim against Romania.. Poland pays award in treaty dispute with Cargill over allotment of sweetener production quotas; award unpublished.. British Institute to host “Investment Treaties at 50: Host State Perspectives”.. Columbia University to host symposium on natural resources conflicts.. Analysis: arbitrators diverge as to whether Mexican tax is performance requirement, and a legit counter-measure.. Germany faces Energy Charter Treaty claim by Swedish corp over regulatory squeeze on coal-fired power plant.. Deutsche Bank files ICSID claim v.. Sri Lanka; state oil corp accused of defaulting on oil hedge; Citibank files contract claim.. U.. financial firm discontinues Argentine claim, but reserves rights to take part in any future settlement talks.. New York University launches monthly investment law discussions.. Grenada prevails in ICSID contract dispute with US energy company; New York Court dismissed separate claims.. Lithuania prevails in investor-state BIT claim over enforcement of ICC award in case brought by Russian regional Gov't.. Cargill asks US Court to confirm award against Poland; Poland turns to French Court in effort to vacate same award.. ICSID Committee asks Argentina to put $75 Million into escrow if it wishes for arbitral award to remain stayed.. Background on Sempra v.. Argentina ICSID case.. European Court of Justice ruling sparks broader discussion and debate on BITs and EU law.. Tribunals appointed in Alapi v.. Turkey, Mobil v.. Canada, Caratube v.. Kazakhstan, iZee v.. Georgia, and Duke v.. Peru (annulment).. Clock runs out on Argentina; Vivendi likely to begin award enforcement proceedings even as annulment proceeding continues.. Tribunal rectifies Continental Casualty v.. Argentina award in two respects.. Canadian indigenous association writes to tribunal in support of claimants in NAFTA tobacco arbitration.. Investment Arbitration Reporter Editor surveys role of human rights law in investment treaty arbitration.. National Grid v.. Argentina award published.. US claimant, Melvin Howard, files Request for Arbitration and Statement of Claim in health care dispute with Canada.. Law firm press release discloses successful challenge to arbitrator in ICC contract case.. Foreign insurers object to Slovak Republic’s health policy reversal; Dutch firm sues over new health insurance law.. ANALYSIS: Gov'ts have no success in forcing claimants to post security while treaty arbitrations are ongoing.. Briefs exchanged in Grand River Enterprises, et.. al.. USA; NAFTA Chapter 11 arbitration arises out of tobacco dispute.. ANALYSIS: human rights law arguments figure prominently in NAFTA dispute over indigenous tobacco enterprise.. UNCITRAL arbitration between Greek shipping company and Ukraine quietly moves forward.. Investment treaty arbitration text by IAReporter contributor Prof.. Andrew Newcombe and Lluis Paradell.. Columbia Foreign Investment Centre releases sign-on letter on FDI governance.. ANALYSIS: majority decision to pierce corporate veil in TSA v.. Argentina case may be distinguishable from other cases.. ICSID declines Canada's request to discontinue Exxon claim due to inactivity; Claimants name arbitrator.. UNCTAD to host expert meeting on development dimensions of investment pacts, February 10-11 2009 in Geneva.. ICSID registers claim by Luxembourg telecoms company against Senegal.. ANALYSIS: Canada and US chemical company debate whether ban on Lindane amounts to expropriation or other treaty breach.. Canada and Colombia conclude Free Trade Agreement with carefully-circumscribed investment protections.. Dispute settlement provisions of Canada-Colombia FTA include ICSID/UNCITRAL arbitration & transparency obligations.. Claimant thwarted at ICSID pursues contract-based arbitration at Dubai International Arbitration Center.. Tribunal chosen in Stockholm arbitration; Mercuria accuses Poland of breaching Energy Charter Treaty.. UK electricity corp, National Grid, wins arbitration; Argentina's necessity defence rejected, but some consolation for Gov't.. ANALYSIS: Tribunal in National Grid v.. Argentina finds no expropriation or discrimination, but treatment was unfair.. Siemens pleads guilty to breach of Foreign Corrupt-Practices Act; evidence of arbitration over illicit payments.. NY court dismisses Ecuador’s request for stay of Chevron arbitration; IAReporter reports from hearing.. ICSID registers new arbitrations against Gabon and Egypt.. ICSID tribunal declines jurisdiction over claim by German investor against Argentina; rejects use of MFN clause.. Director of Canada’s arbitration branch stepping away from role as counsel; speculation mounts she will head ICSID.. Croatia prevails in confidential arbitration with Canadian investor under bilateral investment treaty.. Recent investment treaty arbitration related articles for December 11, 2008.. US subsidiary of Canadian miner files CAFTA Notice of Intent against El Salvador; Pacific Rim complains of enviro delays.. Court docs show Indian investor filed treaty claim against UK in 2006; Foreign Office views UNCITRAL cases as confidential.. Barrister may not appear as counsel for state in arbitration where another member of chambers sits on tribunal.. Algeria not liable for treaty breaches related to dam project that foundered during civil war with Islamist guerrillas.. German investor files request for arbitration in forestry dispute with Czech Government; Parallel claim in offing?.. German firm sues Ukraine under BIT; claimant complains of failure to enforce ICC arbitral award, and other breaches.. Bush Administration sends US-Rwanda BIT to Senate for ratification.. British Institute to explore relationship of BITs and EU law.. Ecuador’s Attorney General holds workshop on investment arbitration.. Egypt prevails in ICSID arbitration over Suez canal dredging dispute; Acts of Suez Canal Authority not attributable to state.. Argentina ordered to provide heightened written assurances of prompt payment of award in long-running dispute with Vivendi.. Claimant and Canada exchange arguments in claim brought by US citizen for alleged expropriation of waste disposal business.. Claimant in garbage disposal dispute with Canada seeks closed-door hearings and wants amicus curiae to pay $25,000 fee.. Updates on Oxus v.. Uzbekistan, Stans Energy v.. Kyrgyzstan, and Standard Chartered v.. TANESCO arbitrations.. Kazakhstan seeks to annul $125 Million ICSID award in telecoms dispute; we review earlier Kazakh arbitrations.. Italian construction firm sues Argentina over highway privatization toll dispute.. German investor serves Turkmenistan with “draft” request for arbitration.. Danish hotel company, Helnan, seeks to annul award in its dispute with Egypt.. Dow Chemicals puts Canada on notice of arbitration over lawn pesticides ban; unrelated claim also threatened in relation to fishing lodge.. Swiss investor prevailed in 2003 in confidential BIT arbitration over South Africa land dispute.. Canada sees two new Chapter 11 Notices of Intent.. Tribunal finalized in ETI v.. Bolivia arbitration; case arose after Bolivia notified ICSID of withdrawal from Centre.. BIT claim quietly pursued by Swiss claimant against Uzbekistan in long-running dispute over payment for grain shipment.. Disputes Round-up: New claims against Hungary and Nigeria land at ICSID, as investors put Belarus and Cyprus on notice of treaty disputes.. Popular professor, expert and arbitrator passes away.. Round-up of selected recent publications on international investment law.. ANALYSIS 1: Multi-layered corporate structure and $2 purchase price do not preclude claim against Dominican Rep.. ANALYSIS 2: Tribunal in Societe Generale – Dominican Republic case rejects investor's treaty-retroactivity argument.. ICSID panel in Enron case gives Argentina 60 days in which to confirm whether it will pay award forthwith if annulment fails.. Coal-fired power plant investors reportedly threaten Australia with BIT claims.. AMTO v.. Ukraine tribunal finds no breaches; denial of justice and umbrella clause claims dismissed among others.. Majority upheld jurisdiction in 2006 in Mytilineos v.. State Union of Serbia and Montenegro BIT case.. NGOs call on World Bank President to review role of ICSID, and its handling of Bolivia arbitration.. ICSID/ICC/AAA symposium slated for November 14th in NYC.. Paris court declines to set aside confidential 2007 BIT award in Croat investor dispute with Czech Republic.. ANALYSIS: Arbitrators frown upon Czech Government’s recourse to its courts in effort to invalidate property-lease.. Azerbaijan asks tribunal in Energy Charter Treaty case to dismiss claim following witness testimony as to bribe provision.. ANALYSIS: Arbitrators nix Romania’s plea that Swedish citizens were effectively Romanians, and unqualified to sue at ICSID.. ICSID arbitrators reject challenge to third member of tribunal in Lemire v.. Ukraine arbitration.. After much speculation, Bolivia appoints defence counsel and arbitrator in contentious ICSID telecoms arbitration.. Arbitrators in UNCITRAL BIT case order Mongolia to suspend windfall tax on Russian mining co.. while case is heard.. NYC International Law Weekend to see panel discussions on international investment law.. Bulgaria exonerated of Energy Charter Treaty breaches; misrepresentations by Plama Consortium Ltd are fatal to case.. Round-Up: Where things stand with Argentina and its many investment treaty arbitrations.. Tribunal in Duke v.. Ecuador finds breach of certain obligations under Power Purchase Agreements and US treaty.. Merits claims in Plama v.. Bulgaria fail; investor complained of environmental and tax liabilities, and worker “riots”.. US citizen files notice of intent to sue Canada over alleged NAFTA breaches in relation to private surgical facility.. ANALYSIS: Spectre of NAFTA suit over investments in Canada’s health care sector has long been subject of speculation.. Path cleared for examination of the merits in Occidental v.. Ecuador Billion Dollar oil arbitration at ICSID.. European Commission seeks to intervene as amicus curiae in ICSID arbitrations over Hungary's long-term power pacts.. Argentina prevails in large part in financial crisis dispute with insurance company; Most actions excused by necessity.. 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.. Brazil mandated to pursue limited range of investment protection standards; prospects for 90's-era BITs remain dim.. South African Court rebukes Government for not affording diplomatic protection to citizen with Zimbabwe farm-holdings.. ANALYSIS: South African Judge offers view as to advantages of South Africa acceding to ICSID; sensitive arbitration not noted.. Tribunal selected in Canadian firm’s UNCITRAL-based BIT arbitration with Czech Republic.. Hearings slated for September 23-26 in only BIT case against Serbia; Greek investor pursues UNCITRAL case.. Several new claims, including Energy Charter Treaty claim against Turkey, registered by ICSID in recent weeks.. ICSID tribunal awards $18.. 4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected.. ANALYSIS: Tribunal grapples with the meaning and extent of tax stabilization in Duke v.. Peru contract arbitration.. Tribunal now in place for ICSID arbitration by Dutch investor (Venoklim) in Venezuelan petrochemicals plant.. Korean professor to chair second dispute over Owens-Illinois investments in Venezuela; ICSID Secretariat continues to tap new arbitrators from East Asia.. Bolivia prevails in court fights over funds with Telecom Italia subsidiary; arbitrator nominated by claimant in ICSID case.. ANALYSIS: ICSID OPEN WHERE BITs SET LOOSE NATIONALITY TESTS.. ICSID tribunal upholds jurisdiction in Vannessa Ventures v.. Venezuela mining dispute.. Mexico’s CEMEX announces arbitration against Venezuela over nationalized cement enterprise.. Kazakhstan to pay $125 Million, plus sizable interest for breach of treaty in dispute with Turkish telecoms firms.. Divided ICSID tribunal declines jurisdiction over treaty claim by US investor against Democratic Republic of the Congo.. Remaining arbitrators in EDF v.. Argentina case reject challenge to Prof.. Gabrielle Kaufmann-Kohler; jurisdiction then upheld.. ICSID tribunal in LG&E – Argentina case declines to add damages through “supplementary decision” process.. Ecuador settles contract arbitration with City Oriente; Claim was first of several to challenge windfall oil royalties.. Working Group explores interface between foreign investment and sustainable development in Latin America.. ANALYSIS: Arbitrators in EDF v.. Romania grapple with attribution of state responsibility and costs apportionment.. European Human Rights Court finds violations by Moldova of foreign investors’ rights to fair hearing and property protection.. Arbitrators selected to hear contentious El Salvador mining arbitration; claimant’s nominee chosen in parallel arbitration.. Canadian power company quietly pursues UNCITRAL BIT claim against Republic of Venezuela.. investors launch NAFTA claim against Canada over conduct of environmental assessment of quarry project.. Argentina and Siemens ask annulment panel to suspend proceedings, so original arbitrators can look at bribes evidence.. Egypt prevails in ICSID arbitration with Danish hotel company; Investor had accused Egypt of conspiring to terminate long-term management contract so as to privatize hotel.. IN-DEPTH: ICSID tribunal finds no breaches by Egypt in treatment of Helnan International.. Poland discriminated against US firm, Cargill, in sweetener quota allotment; Arbitrators reject several other claims.. Advocate General sides with European Commission in bid to declare Austria and Sweden in violation of EU law for failure to remedy “incompatibility” of earlier BITs.. Award in Archer Daniels Midland & Tate and Lyle Ingredients America v.. Mexico is released in redacted form; Following partial arbitration victory, US agriculture giants continue to seek further damages from Mexico.. Award in ADM & TLIA v.. Mexico finds discrimination & imposition of performance requirements, but no expropriation.. Transparency issue to remain on UNCITRAL radar screen.. Quarreling between Republic of Georgia and gas company spills over into ICSID.. Czech Republic to pay Dutch firm Saluka $181 Million (US), plus 55 Million interest; contractual counter-claim withdrawn.. Namibia appeals expropriation case to Supreme Court in dispute over property and treaty rights of German landholders.. makes eastern push as investment treaty talks opened with China, Vietnam, India – and promised with Russia.. Argentine claims by BP & Pan-American to be dropped; earlier jurisdictional rulings had stoked umbrella clause debate.. Czech Republic seeks to overturn confidential jurisdictional ruling in German BIT case; EU law is cited.. A first unconditional ICSID win for Argentina, as Chilean investors fail to make out financial crisis claim.. Challenge to ICSID arbitrator fails on basis of concurrent arbitral appointments by the same government.. Investors in Hungary's radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss & Dutch BITs.. Airport construction investors see claim against Ecuador registered.. Canada, USA agree to nip expropriation claim in bud in tax case.. Japan maintains rapid negotiating pace on investment pacts.. Latest Japanese pacts with Laos and Cambodia offer glimpse of latest Japanese thinking on investor protection.. ICSID registers new claim against Ukraine.. New challenge to arbitrator fails in Argentine (Suez & Vivendi) water arbitrations.. IN-DEPTH: Co-arbitrators see connections between arbitrator and claimants as too tenuous to justify disqualification.. Schedule set for chemical company’s case against Canada; hearings to be closed to public.. TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration.. Claimants file revision bid in Pey v.. Chile arbitration at ICSID.. British Institute to host discussion on European Union BITs and EU law.. Venezuela surprises the Netherlands with termination notice for BIT; treaty has been used by many investors to “route” investments into Venezuela.. ICSID’s longest-running claim is resolved as newspaper owner prevails in dispute with Chile; Chile held liable for denial of justice for delay in remedying Pinochet-era expropriation.. Kyrgyz Republic settles BIT claim with UK miner, Oxus.. Tribunal nixes effort by Turkey to obtain moral damages for intangible losses.. BREAKING NEWS: ICSID annulment committee upholds Azurix v.. Argentina arbitral award.. Pakistan prevails in $756 Million ICSID claim brought by Turkish construction company.. ANALYSIS: Arbitrators in Bayindir v.. Pakistan explore meaning of fair and equitable treatment and national treatment.. South Africa mining arbitration sees another amicus curiae intervention.. Damages awarded in one of three NAFTA sweetener arbitrations against Mexico.. Siemens waives rights under arbitral award against Argentina, follows company’s belated corruption confessions.. In largest NAFTA award to date, Cargill prevails in claim against Mexico.. Mexican cement company puts US Government on notice of NAFTA claim.. Bribery testimony is not examined further as claim against Azerbaijan concludes.. California company is latest to sue Egypt at ICSID in resort property dispute.. Shareholders in shuttered battery recycling plant put El Salvador on notice of claims for treaty breach.. Second mining claim against El Salvador registered at ICSID; Domestic litigation still ongoing in El Salvador.. Tribunal awards full costs against investor for bringing a fraudulent Energy Charter Treaty claim against Turkey.. ICSID annulment Committee will stay enforcement of Argentine award in Continental Casualty case; no posting of security required.. Mining investors offer to withdraw politically sensitive arbitration claim against South Africa.. Chevron brings second treaty claim against Ecuador; new twist in multi-Billion Dollar environmental dispute.. Arbitrators selected in two claims (ICSID and UNCITRAL) against Yemen.. NGOs permitted to intervene in South Africa mining case and for second time at ICSID petitioners to see documents.. Eureko settles one claim with Poland, but quietly pursues a separate health insurance suit against the Slovak Republic.. ANALYSIS: while some debates recur, new issues also raised in US BIT review – including economic crisis concerns.. US investors allege breach of contract and national investment law by Cambodia.. Massive arbitration against Argentina discontinued.. Corn Products asks tribunal to correct award so as to take account of likely taxation of award in Mexico.. ILA event in NYC offers roundtable on transparency in international commercial and investment arbitration.. Venezuela challenges arbitrator in ICSID cement nationalization claim.. ANALYSIS: Rejection of annulment requests in M.. C.. and Azurix cases point to a high bar when it comes to overturning ICSID awards.. Australian miner has arbitration with Gambia registered at ICSID.. Canadian gold miner sues Venezuela over environmental permit delays; Venezuela promptly takes over mine site.. BIT claim (by Indian investor) against United Kingdom is terminated by tribunal; Parties reluctant to disclose details of UNCITRAL arbitration.. Arbitrators selected in UNCITRAL arbitration between Bolivian investors and Republic of Ecuador.. ICSID arbitrators promptly reject bid to disqualify third member of tribunal in nationalization dispute (Cemex v.. Venezuela).. BRIEFLY NOTED: Another investor in Costa Rican resort development files BIT claim.. December conference in Frankfurt to analyze 50 years of BITs.. ICSID/AAA/ICC Joint Symposium slated for November 20 in D.. Argentine conference on December 11th to examine legitimacy, transparency and public policy issues.. One-day conference slated for National University of Singapore on January 20th.. Not for the first time, ICSID panelists split on whether a colleague should be recused; Chairman of ICSID Council rules that arbitrator shall stay in Gabon case.. Media comments trip up arbitrator Charles N.. Brower in successful challenge by Ecuador.. Majority of ICSID panel declines jurisdiction over ancillary claim in Georgian gas dispute.. Local opposition to toxic waste treatment facility lands Mexico in yet another international arbitration.. Argentina faces UNCITRAL BIT claim; investor hopes to rely on MFN clause to avoid 18 month waiting period in treaty.. IN-DEPTH: Other treaty breaches, including of Fair and Equitable Treatment standard, upheld in Biwater v.. Tanzania.. Tribunal has jurisdiction over claims that Ecuador’s windfall oil levy breaches contract; jurisdiction under investment treaty to be debated further, as France is invited to table negotiating papers.. Romania prevails in $132 Million claim as UK investor fails to prove allegations that Prime Minister’s Office requested a bribe.. Tribunal declines to revise award against Chile in dispute over newspaper expropriated in Pinochet coup.. Jurisdiction upheld in massive claim against Russia, but decision remains under wraps; ECHR to hear claim by Yukos in January.. ICSID annulment committee declines to overturn arbitral award in favour of Ecuador.. European Human Rights Court holds Czech Republic denied fair hearing to foreign investors; declines to hear BIT claims.. Window closes on possible Thai challenge of highway dispute award in Swiss courts.. NAFTA claim by Dow Chemical Corp on slow track as other Canadian Provinces persist with bans on contested lawn pesticide.. Ecuadorian President reportedly asks Congress to terminate 13 BITs; move comes on heels of earlier termination of multiple BITs.. ANALYSIS: Arbitrators in Lebanon case grapple with non-treaty breaches, denial of justice, human rights law, and land occupation.. New Works On International Investment Law, December 2012 to February 2013.. Arbitrator steps down in UNCITRAL arbitration; obliged to choose between arbitrator work and Gov't advisory work.. Arbitrators selected in EVN v.. Macedonia arbitration.. In newly unearthed award, reasons are clarified for dismissal of bitter dispute between US oil co.. and Trinidad & Tobago.. Backgrounder: Eureko v.. Poland reaches anti-climax after notable liability award and battle over arbitrator challenge.. Motorola and Nokia seek to seize any benefits which may flow from Libananco’s ICSID arbitration claim against Turkey.. ANALYSIS: Slow Gov't decision-making, on environment & approvals, a breach of treaty obligations to foreign investors?.. Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project.. Belize notified of looming treaty claim over telecoms nationalization; generous telecoms pact haunts Gov't.. Swiss-owned firm has claim registered against Macedonia at ICSID.. Gabon challenges arbitrator on basis of his chairing previous arbitration.. Czech Court overturns jurisdictional decision in BIT arbitration.. Filings in South Africa Mining arbitration pushed back two months.. Single ICSID tribunal will consolidate contract, treaty, and investor-state agreement claims against Ecuador.. After 40+ years, ICSID to have its own full-time Secretary General.. UNCITRAL Member-Governments convene in New York as Canada renews push for transparency.. Argentina faces a third treaty claim by hold-out bond-holders; Experts differ as to prospects.. Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case.. Telsim and Rumeli, invoke MFN clause; Kazakhstan breach fair & equitable treatment and expropriation clauses.. Miner’s claim against South Africa moves forward slowly; ICSID to provide basic info on case to would-be interveners.. Czech Rep.. prevails in separate banking and broadcasting claims; We reveal details of holdings in EMV broadcasting case.. Chile moves to annul award in dispute over Pinochet-era expropriation of newspaper; separate revision process also running.. FREE: NGOs seek leave to intervene in ICSID arbitration arising out of South Africa’s treatment of foreign mining companies.. BRIEFLY NOTED: Canadian generic pharmaceutical company files second NAFTA claim against United States.. ANALYSIS: Does independence of judgment demand dissents in some cases?.. Ecuador prevails at jurisdictional phase in dispute with purported owner of electrical company.. NAFTA quarrying and shipping claim against Canada will be open to the public.. Tribunal orders that windfall tax payments be put in escrow; Ecuador ignores order in Perenco arbitration.. E.. subsidiary of South African telecoms firm sues Yemen at ICSID; competitor firm pursues UNCITRAL claim against Yemen.. Thailand challenged its own nominee to Walter Bau tribunal; not the first time this has happened in BIT arbitration.. ANALYSIS: Glamis case hinges on definition of minimum standard; award likely to fuel debate in pending NAFTA cases.. Bangladesh courts overstepping supervisory role in ICC arbitration amounts to unlawful expropriation at ICSID.. Tribunal constituted in ad-hoc arbitration between German forestry company and Czech Republic.. Italy, Slovenia and Malta concur with Czechs on lack of necessity for intra-EU BITs; Italy-Czech BIT terminated.. ANALYSIS: Closer look at substantive and procedural features of new Canadian BITs with Czech Republic, Romania and Latvia.. ICSID tribunal holds Zimbabwe in breach of investment treaty obligations for dispossession of Dutch farmers.. Majority finds that failure to examine wide definition of investment in UK-Malaysia BIT was manifest excess of powers.. Tribunal in Spanish shareholders' Yukos claim holds that narrow arbitration clause permits expropriation claim.. Tribunal affirms jurisdiction over claim by Spanish minority shareholders in Yukos oil company.. South African mining dispute over Black Economic Empowerment headed for resolution?.. Award in RSM v.. Grenada arbitration is released; separate contract claim by RSM pending against Central African Republic.. Analysis: Tribunal grapples with definition of investment under ICSID Convention in RSM v.. Grenada case.. ICSID committee asks Kazakhstan to guarantee prompt payment if annulment fails – or post 50% of award value now.. European Court of Human Rights publishes decision upholding admissibility of some Yukos claims against Russia.. South African court rules that mineral rights holders can claim for expropriation against new minerals regime.. Details surface of jurisdiction holdings in Binder v.. Czech Republic; Ad-Hoc tribunal saw no conflict between BITs and EU Law.. Vivendi secures massive award against bankrupt former partner; greater prospects for recovery loom in BIT claim v.. More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases.. Much-publicized airline nationalization touches down at ICSID.. In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes.. Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme.. Divided ICSID Tribunal rules that corporate veil must be pierced so as to determine if a foreigner is in control.. Canadian generic pharmaceutical maker files notice of arbitration against United States; Apotex files NAFTA claim.. ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute.. Ecuador reportedly settles ICSID arbitration with Noble Energy over electricity dispute.. Canada files first written defence in NAFTA dispute over phase-out of hazardous agro-chemical Lindane.. Peru prevails in arbitration over contractual stability agreement; Gov't moves to annul earlier Duke award.. Emboldened by interim measures order in Mongolian windfall case, investors in Ecuador’s energy sector seek same deal.. New US investor files BIT arbitration against Georgia; meanwhile, tribunal in Itera v.. Georgia is chosen.. Tribunal to hear Chevron’s claim that Ecuador lacks judicial independence; Gov't sees link to parallel enviro case.. ANALYSIS: Enforceability of SADC judgment against Zimbabwe unclear, but judgment will doubtless be tabled in arbitrations.. Russian gold miner pursues arbitration over Mongolia windfall tax.. South African Government releases draft paper reviewing its BIT program, and calling for major revisions to approach.. Investor in Guatemala railway dispute outlines details of CAFTA claim.. Another ICSID tribunal orders that Ecuador refrain from chasing foreign oil company for windfall tax payments.. ICSID tribunals picked in CEMEX v.. Venezuela and Deutsche Bank v.. Sri Lanka arbitrations.. ICSID tribunal declines to suspend Repsol v.. Ecuador case, as parties pursue renegotiation of contract.. BRIEFLY NOTED: CGE claim against Argentina discontinued at ICSID.. Tribunal rejects Guatemala’s objection to jurisdiction in CAFTA railroad dispute; but claimant's waiver precludes some claims.. Bolivia settles bilateral investment treaty arbitration with Ashmore Energy over nationalization of key pipeline.. Tribunal in CAFTA railway arbitration denies broad request for evidence preservation.. Cellular firm turns to ICSID in fight with Senegal.. New Books and Articles on Investment Treaty Law: May to December 2009.. In rare turn of events, claimant makes good on costs owed in BIT arbitration.. Tribunal finalized in arbitration over Ecuadorian power-barges.. Tribunal selected to hear German investor’s claim against Czech Republic.. Sydney Law School Conference Reminder.. Ukraine in breach of bilateral investment treaty; US radio sector investor suffers unfair treatment.. Replacement arbitrator appointed in TCW v.. Dominican Republic CAFTA arbitration over electricity investment.. Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues.. Arbitrators decline Guatemala’s request for clarification of jurisdictional ruling in CAFTA railway dispute.. Azerbaijan settles ICSID arbitration with Fondel; witness testimony on bribery in Azpetrol case continues to cast shadow.. ICSID tribunal dismisses Romania’s objections to investor’s corporate structure.. Dominican Republic settles trio of electricity arbitrations.. Reasons for failed challenge to arbitrator emerge in Cemex v.. Venezuela case.. South Africa not prepared to let claimant walk away from ICSID claim without further conditions.. Russian Federation opens up further front in defence of BIT claim.. Tribunal declines to remove counsel in ICSID case against Romania; two earlier cases saw similar dilemma.. Tribunals convened in ICSID cases involving Turkmenistan, Ukraine and Venezuela.. Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic.. El Salvador raises preliminary objections to jurisdiction of ICSID tribunal in CAFTA mining claim.. ICSID annulment committee declines request to investigate alleged bribe.. BIT arbitration filed in Belize telecoms nationalization dispute; another BIT claim from off-shore lender also looms.. ICSID case between Tanzanian state electric co.. and Malaysian-controlled power producer is disinterred.. Plain packaging of tobacco products decried as expropriation, contrary to treaties; long-running debate rejoined.. Arbitrators selected in Egypt and Venezuela cases; new claims against Peru and Uzbekistan, and Turkmenistan.. Tribunal in massive bondholders case clamps down on public disclosure.. Arbitrator decries “revolving door” roles of lawyers in investment treaty arbitration.. Philip Morris files first-known investment treaty claim against tobacco regulations.. Analysis: What happens in the aftermath of the NY District Court ruling in Ecuador v.. Chevron?.. German media reveal details of Vattenfall claim v.. Germany; NGOs raise enviro fears as two arbitrators named.. Arbitrator resigns in ICSID arbitration, after tribunal dead-locks on challenge.. Analysis: ICSID tribunal side-stepped some issues in Zimbabwe farm seizures case.. Profiling the arbitrators selected in Maersk v.. Algeria, Urbaser v.. Argentina, and Gold Reserve v.. Democratic Republic of Congo sued for breach of domestic investment law.. Tribunal won’t tie Venezuela’s hands in dispute with cement company; meanwhile, new claim lands at ICSID.. RSM takes another run at Grenada.. Appeal filed in effort to stay Chevron-Ecuador arbitration.. Philip Morris lodges second treaty claim, this time against developed country.. Parties in Vattenfall v.. Germany case suspend proceedings.. Pacific Rim answers El Salvador’s preliminary objections in CAFTA mining claim.. In parallel decisions, tribunals diverge on admissibility of umbrella clause claims.. Tribunal constituted in UNCITRAL claim against Argentina.. ICSID Committee declines to annul large damages award in Kazakhstan case.. Chevron wins first of two arbitrations with Ecuador.. NYU/Georgetown Events in April.. ICSID round-up: tribunals picked in Kazakh and Macedonia cases.. ICSID Tribunal corrects award so that it will be shielded from taxation.. Challenge rejected against arbitrator on basis of shared educational background.. Jurisdictional Decision in Paraguay case now available.. Argentine Government must post bond in order to challenge UNCITRAL awards.. Arbitrator in treaty dispute challenged due to academic writings (Urbaser v.. Government (of Canada) prevails in NAFTA Chapter 11 arbitration; claimant (Merrill & Ring) weighing options.. Spanish subsidiary of US energy services provider is latest to take Venezuela to arbitration.. Investor sues Rwanda for breach of treaty protections incorporated into a contract.. As new case lands at ICSID, and several more loom, Bolivia turns up the heat on arbitral system.. Non-disputing CAFTA state intervenes in Guatemala arbitration to present arguments.. European Court of Human Rights orders Serbia to comply with arbitral award.. Investor seeks to collect on BIT award following Thailand’s failure to pay.. Chevron requests interim measures in arbitration with Ecuador.. Romania’s compliance with human rights ruling is studied, as other claims allege state failure to screen impact of industrial activity.. Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute.. Government objects to attempt to disqualify arbitrator because of his prior academic writings (Urbaser v.. Deadline lapses without payment by Kazakhstan on BIT award.. Zimbabwe not paying ICSID award.. Investor and lawyers fall out over contingency-fee arrangement in aftermath of ICSID arbitration.. Jurisdictional ruling issued in Germany-Ukraine BIT case.. Hefty award against Gabon will stand in aftermath of failed rail privatization.. Canada moves to terminate NAFTA claim, after claimant fails to post funds for arbitration.. Russia sued for breach of treaty by Italian company; case to rehearse debate on scope for arbitration in certain Russian BITs?.. Arbitral award surfaces in airline dispute under Austria-Slovakia bilateral investment treaty.. Arbitrators in Chevron-Ecuador case weigh in with interim orders.. ANALYSIS: Tribunal’s ordering domestic courts to terminate case may pique interest of other claimants.. Class-action claim against Costa Rica can’t clear jurisdictional hurdle.. Comprehensive Japan-Uzbek investment treaty now in force.. Belgian ratification of Colombia BIT suspended in face of labour protest.. Details of EC Investment negotiating approach begin to emerge as announcement looms.. ANALYSIS D.. Court rejects arguments of Argentina in bid to set aside BG award; Argentina may have prevailed if full appeal permitted.. Chevron asks U.. Court to order arbitration lawyer to testify about witness statements in environmental dispute.. Czech Republic continued to argue in 2009 pleadings that intra-EU BITs are terminated by virtue of accession to European Union.. Water extraction claim dries up in absence of funds; claimant ordered to cover half of state’s expenses in UNCITRAL arbitration.. Tribunal to hear Venezuela nationalization claim under BIT, but tax and royalty disputes excluded due to timing of Exxon restructuring.. ICSID tribunal will permit European Commission to file legal brief in Energy Charter Treaty arbitration.. New books, articles and reports on investment treaty law: January to May 2010.. Hungary sees another compensation demand after ending Power Purchase deals at EU behest; UNCITRAL tribunal convened.. ICSID committee annuls Argentine crisis award; surprising development underscores need to reckon with exceptions clause in US-Argentina BIT.. New awards and decisions available, including earlier-reported Costa Rica award and expert opinions from Argentina arbitrations.. Arbitrators ask European Commission to weigh in on intra-EU BIT validity as states continue to plead that such treaties lapsed upon EU entry.. Mongolia mining arbitrations proliferate; one of three known treaty claims could see debate as to scope for arbitration under Communist-style investment treaty.. Tribunal finds that railway company’s dispute with Guatemala arose after CAFTA entered into force and is arbitrable.. Arbitrators in Kazakh case look dimly on investor’s document discovery bid in US courts; reminiscent of tribunal posture in El Salvador power arbitration.. Arbitrators analyze umbrella clause in US-Ecuador treaty, but split on their readings of an earlier tribunal ruling.. Tax exclusion clause in US-Ecuador BIT foils some claims by US energy company hit by energy windfall levy; arbitrators will hear expropriation claim.. Failure by oil corp to give Ecuador prior notice of treaty violations thwarts claims rooted in indigenous opposition to oil development.. NGO produces paper on web-casting of international economic law adjudication.. Ghana announces victory in ICSID claim; Award not published as yet.. European Commissioners send investment policy proposals back for further work.. Tribunal selected to hear second CAFTA mining claim against El Salvador.. US investors turn to ICSID, complaining of unfounded harassment, as Romania pursues criminal investigation into bankrupt company.. Panel differs as to what investments are arbitrable at ICSID; Stern, Schreuer, Reisman also discuss nationality-planning.. UNCITRAL treaty claims against Turkey for Five Billion Dollars are dismissed.. ICSID committee confirms Egypt’s lack of treaty breaches in hotel dispute, but takes issue with tribunal’s comment on recourse to local courts.. Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession.. UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot.. Turkey prevails in Uzan-related $19 Billion arbitration claim; Dutch national unable to prove legal ownership of disputed  ...   ad-hoc investment treaty arbitration against Turkmenistan.. Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos.. French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim.. In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter.. Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.. 8 million damages bill.. Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov’t arbitrator after missed deadline, but India eventually complied.. Tribunals named in three bank nationalization claims vs.. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement.. In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle.. Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v.. Sri Lanka annulment.. Tribunal is finalized to hear Renco v.. Peru arbitration arising out of controversial La Oroya facility.. Peru defeats $100 million ICSID contract claims of electricity concessionaire.. Mexico is found liable for breach of investment treaty in dispute with Spanish owners of waste management facility.. NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts.. Cambodia defeats claims over power plant, and wins $5.. 6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities.. In final UNCITRAL award, door left open for Greek company to bring another BIT claim against Serbia.. Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture.. LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye.. Kazakh investors (Vladislav Kim & others) pursue arbitration against Uzbekistan for harm to investments in two cement companies.. Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case.. Caribbean Court set to review Belizean court finding on invalidity of Belize’s arbitration law; enforcement of arbitral awards hangs in balance.. East Timor launches arbitration against Australia, as separate tax dispute with U.. investor plays out at Singapore International Arbitration Centre.. Arbitrators in South American Silver v.. Bolivia (UNCITRAL) proceeding are revealed, and include former Argentine official.. Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages.. Dismantling of Southern African Development Community Tribunal spawns UNCITRAL arbitration claim for denial of justice.. ICSID tribunal asserts jurisdiction over aspects of claim against Lebanon.. Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection.. 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.. Investor allegations of top-level political conspiracy not borne out, but some measures of Romania point to prosecutorial animus.. Lone Star claim against South Korea has an arbitral tribunal in place.. ANALYSIS: Ecuador lays out its defence to other (non denial-of-justice) claims in pending treaty arbitration with Chevron.. In BIT arbitration, Ecuador weighs in with lengthy rebuttal of Chevron’s denial of justice claims.. Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute.. Albania fends off one claim - by Sky Petroleum - but now faces an investment treaty arbitration by Czech company CEZ.. Turkey defeats $11 Billion arbitration claim at ICSID; putative off-shore shareholder fails to prove it owned shares prior to alleged expropriation of electricity concessions.. ANALYSIS: Turkey recovers $5.. 3 million thus far in global effort to collect on costs-awards in Uzan-related arbitrations.. Cypriot firm, Libananco, fails to annul $15 million costs-order in ICSID case with Turkey.. Tribunal picks Washington DC as seat for unfolding NAFTA arbitration; hearings to be closed, and amici can’t access more info than public.. Lithuania update: Italian investor was denied FET in tender process, but tribunal not persuaded that $250 million in losses can be hung on state.. investor adds new claims in its NAFTA arbitration over Detroit border crossing; Canada sets out key jurisdictional objections.. In latest ICSID ruling, arbitrators dismiss Albania gambling dispute on jurisdictional grounds.. Bondholders’ claim against Greece is registered at ICSID, as mandatory wait-period expires on another threatened arbitration.. Panelists named in Honduras and Macedonia disputes at ICSID.. Venezuela says oil arbitration lodged via 1999 investment statute has been dismissed on jurisdictional grounds; dissenting opinion also rendered.. investor fails in UNCITRAL claim for $459 million under Russian foreign investment statute and contract.. In a first for ICSID: claimant is cleared to seek enforcement of arbitral award while annulment proceedings remain ongoing.. Investor laments “outing” of third-party funder in final award, and initiates set aside proceedings.. investor turns to court in effort to confirm CAFTA award and put pressure on Guatemala to pay $16 million.. 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.. In previously unpublished award, arbitrators find jurisdiction to hear Ukraine’s counter claim under treaty, but also find unfair treatment and expropriation.. Chinese BIT case loses arbitrator on eve of hearings; government raised concern when chairman’s firm took up separate case with similar treaty question.. ICSID round-up: profiling new claims against Slovenia, Costa Rica, Venezuela and Egypt.. Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first.. Dissent in Ambiente Ufficio v.. Argentina bond case becomes public; third arbitrator would have upheld almost all jurisdictional objections.. Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan.. Bolivia round-up: silver miner files UNCITRAL claim, as separate arbitration sees debate over “effective means” and “denial of benefits”.. Caratube oil company takes new tack in dispute with Kazakhstan: new claims brought to ICSID while earlier losing award remains under review.. Arbitrators hold that failings of Kazakh courts don't rise to level of international law breach; but umbrella clause can cover legislative "promises".. ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment.. Apotex Inc.. , fails to prove that it had an “investment” in U.. territory entitled to NAFTA Chapter 11 protection.. prevails in yet another NAFTA investor-state arbitration; twin claims advanced by Apotex Inc.. are dismissed in new award.. Arbitrators issue decision on Germany’s preliminary objections in nuclear phase-out case; Vattenfall’s Energy Charter Treaty claims to proceed.. As hearings loom, Uruguay elaborates on jurisdictional objections – including meaning of MFN and local litigation clauses - in Philip Morris arbitration.. Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim.. As Croatia joins EU, it faces ICSID arbitration over thwarted resort development on Dalmatian coast.. Path cleared for merits phase in Philip Morris v Uruguay arbitration; Government's jurisdictional objections rejected.. New Works on International Investment Law March 2013 to June 2013.. Claimant’s failure to pursue local remedies for 12 months derails $300 million claim against Turkmenistan; use of local courts not proven to be futile.. Arbitrators rule that investor can’t use MFN clause to detour around “local courts” recourse spelled out in Turkmenistan investment treaty.. New investment treaty arbitration against Burundi, by Joseph Houben, arises out of land “occupation”.. In new ruling, arbitrators disagree on interpretation of UK BIT whose MFN clause expressly applies to dispute settlement.. ICSID arbitrators named for UAB Energia v.. Latvia and Georg Gavrilovic v.. Croatia cases; replacements picked for Zimbabwe and Peru tribunals.. ICSID annulment committees decline to annul arbitral awards in Malicorp v.. Egypt and Lemire v.. Arbitrators in Philip Morris v.. Uruguay arbitration rule that claimants complied with treaty requirement to pursue local litigation.. ANALYSIS: Uruguay fails to persuade arbitrators that investment treaty does not protect Philip Morris’s investments.. Tribunal dismisses investor claim against Indonesia after debate over implications of UK investment treaty’s admission clause.. Argentina Update: arbitrators finalized to hear Repsol’s claims for nationalization; Exxon claim proceeds to damages phase after liability ruling.. Jurisdiction analysis: contract reference to Arab investment treaty opens door to broader claims vs.. Libya; sovereign wealth fund is also targeted.. Newly-obtained award confirms that Libya must pay $935 million to Kuwaiti investor for hotel-resort complex that never got built.. Damages analysis: Investor nets $900 million windfall for Libyan resort that was never built - and $30 million in moral damages for reputational harm.. Liability analysis: arbitrators find breaches of contract and inter-Arab investment treaty in Al-Kharafi v.. Libya case.. In June 2013 ruling, Caribbean Court of Justice sees no need for BIT arbitration to be enjoined while domestic claims are pursued.. Caribbean Court of Justice set out its views on enforcement of foreign arbitral awards in region.. ANALYSIS: UNCITRAL tribunal parts ways with ICSID tribunal on validity of arbitration-offer in repealed Kazakh foreign investment statute.. UNCITRAL tribunal dismisses claims lodged by Ruby Roz Agricol against Republic of Kazakhstan.. Pakistan continues to show up late to defend itself in investor arbitrations, thereby losing a voice in selection of arbitrators.. Ukraine pays ICSID award mere weeks after annulment committee finds no annullable errors in tribunal's analysis of causation and damages.. Polish courts continue to call for release of 2012 arbitral award from pharma dispute, but only highly-redacted version emerges thus far.. Poland update: government grappling with at least five treaty disputes; arbitrators rule on participation of counsel in ICSID case.. In new ruling, investor's corruption conviction is not a bar to jurisdiction over two claims by energy company Niko Resources in Bangladesh arbitrations.. ICSID retains law firm and responds to lawsuit filed by U.. investor; unrelated lawsuit arising out of ICSID’s activities also pending in Belgium.. Arbitrators fall out over Mexican demands for transparency in Telefónica case; dissenter seeks proof that publicity would exacerbate dispute.. Annulment committee sets deadline for Argentina to pledge that it will comply with its enforcement obligations under Article 53 of ICSID Convention.. New York Court declines to bar Bank of America subsidiary from pursuing (again) confirmation of CMS v.. Ethiopia prevailed in face of foreign investor’s attempt to use investment treaty to sue over ICC arbitral award.. BREAKING: ICSID tribunal holds Venezuela liable for failing to negotiate in good faith on basis of fair market value for taking of ConocoPhillips assets.. In Conoco-Venezuela merits ruling, arbitrators rule that tax hikes can’t be challenged as “unfair” or weighed as part of looming valuation for expropriation.. Conoco’s restructuring of Venezuela assets for BIT protection is OK; legally “decisive” date of income tax hike is its entry into force, not date of enactment.. Arbitrators order that (Bolivian) criminal proceedings be suspended.. In new arbitral ruling, Burundi is held liable for treaty-breaches in long-running quarrel with Belgian investors.. Arbitrators in Exxon case rule that Venezuelan statute does not provide consent to ICSID arbitration; BIT claim for nationalization will proceed.. Growing number of governments are amending domestic investment laws so as to preclude unilateral recourse by investors to international arbitration.. As El Salvador removes ICSID offer from domestic investment law, a final claim emerges; meanwhile, Commerce Group case ends due to lack of funds.. New claims appear as Uzbekistan moves to “clarify” foreign investment law; Gov’t surprises by picking arbitrator who had been expert for investor in earlier case under same law.. Russia secures set-aside of hedge fund's modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win.. Pey v.. Chile update: As new tribunal is called to rule on compensation for BIT breach, Chile objects to claimant’s nomination of Philippe Sands as arbitrator.. Tribunals finalized for Cervin & Rhone v.. Costa Rica and Société Civile Immobilière de Gaëta v.. Republic of Guinea arbitrations.. France is sued at ICSID by Turkish investor in relation to ship hull design controversy.. Arbitrator steps down following challenge by Romania at ICSID; replacement appointed by S & T Oil Equipment.. Former claimants in discontinued ICSID case seek enforcement of a new LCIA costs award against third-party funder Juridica.. Arbitrators dismiss claim against Romania because investor failed to exhaust remedies or comply with a local litigation requirement in treaty.. Annulment committee in Pey v.. Chile case clarifies applicable interest rates but can't supplement earlier ruling.. Recent filings in Mesa Energy v.. Canada arbitration shed light on Canada’s objections, as well as claimant's allegations of composite breach.. Arbitrators selected to hear UNCITRAL investment treaty claim arising out of governmental moratorium on offshore wind farms.. investor, Transglobal Green Energy LLC, pursues arbitration in bid for restitution of hydroelectric concession in Panama.. Indian company invokes Dutch BIT - rather than Indian treaty – in new arbitration over withdrawn subsidies in Uzbekistan.. Spectre of state-to-state claim recedes as Belize makes peace with investor-state proceeding (and some transparency).. Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif.. Arbitrators decline jurisdiction over claims by Highbury and Ramstein under Dutch treaty and Venezuelan statute for expropriation of mining assets.. Lone Pine Resources files NAFTA arbitration over revocation of fracking permit in Quebec; broader claims also in offing.. ICSID committee opts to stay enforcement of $1.. 76 billion arbitral award, and takes note of Ecuador's assurances that it will pay final ICSID awards.. In a ray of light for Venezuela, arbitrators will hear further arguments as to “power” to reconsider recent finding of bad faith in Conoco case.. Costa Rica update: gold miner sues over “legal vacuum”; government also faces CAFTA claim over beach expropriations, after paying 2012 ICSID award.. Investor in India’s Loop Telecom makes good on threat to sue India; new UNCITRAL claim is third treaty claim known to be afoot.. Chairman steps down from SADC investor-state arbitration after challenge, and appointing authority (Marc Lalonde) picks new chair.. India BIT claims round-up: As arbitrators are chosen in two cases, IAReporter investigates other claims, including by Russian Federation and Vodaphone.. New Works on International Investment Law: July 2013 to September 2013.. investors in Canadian forestry business notify Canada of potential arbitration over exclusion from tax breaks.. ICSID picks three who will review CAFTA award from Teco v.. Guatemala arbitration.. Czech Republic says it prevailed in BIT arbitration with German property-developer ECE, but offers few details.. Francisco Orrego Vicuna is disqualified from sitting in India BIT arbitration due to appearance of having fixed view as to meaning of “essential security” standard.. As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process.. ICSID tribunals are picked in Slovenia highway dispute and Tunisia oil dispute.. After much effort, a tribunal is finalized in UNCITRAL arbitration pitting Russian and Cypriot telecoms investors against India.. Repeat appointments by claimant’s law firm were at center of (rejected) challenge to arbitrator in Venezuela case, but less central in Repsol v.. Grounds for Argentine challenge to von Wobeser in Repsol case are revealed, as Argentina says it does not want ICSID or the PCA to make the call.. Full details emerge of Argentina’s effort to disqualify Francisco Orrego Vicuna in Repsol arbitration.. Uzbekistan update: Arbitrators weigh in with final award in claim under investment treaty and local legislation; tribunal ready for claim by Kazakhs.. German Supreme Court declines to opine on validity of intra-EU bilateral investment treaties.. Poland liable for breach of Germany-Poland BIT; Arbitrators grappling with damages in UNCITRAL proceeding.. Former ICJ Judge is tapped by parties to chair Joseph Houben v.. Republic of Burundi arbitration at ICSID.. Deutsche Telekom makes good on threat and sues India over satellite; Replacement arbitrator is named in CC/Devas case.. Tribunal is named to hear ICSID arbitration claim by foreign bondholders against Greece.. Kazakhstan defeats one of several claims brought by a shareholder in embattled BTA Bank; fate of UNCITRAL claims to be determined.. Poland discriminated by not renewing foreigners’ pharma marketing authorizations; BIT tribunal asserts power to impose ‘punitive’ damages beyond market value.. Poland releases a new - less redacted - version of award from dispute with French pharma companies; MFN can’t broaden investment treaty’s arbitration clause.. Energy company drops lawsuit against ICSID as fortunes turn in relation to disputed concession in Central African Republic.. Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants.. Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation.. Briefly noted: Canada ratifies ICSID Convention.. In lifting injunctions against two investment treaty arbitrations, Belize Court of Appeal hews to recent Caribbean Court of Justice ruling.. Kazakhstan: no damages awarded to AES in arbitration under US investment treaty and Energy Charter Treaty.. Arbitrators in NAFTA arbitration reject all claims against United States in tobacco industry dispute.. ICSID tribunal in KT Asia v.. Kazakhstan case finds that investment acquired for nominal price fails to meet BIT’s definition.. Arbitrators selected to hear claims that Kyrgyzstan expropriated stake in Jerooy gold project; obscure multilateral treaty is one of several invoked by investor.. Mexico is hit with arbitration by Spanish providers of street furniture and kiosks; claimants had threatened treaty arbitration as early as 2002.. Investors disclose full details of claim for financial compensation and moral damages due to alleged mistreatment by Belarus.. ANALYSIS: Arbitrators examine whether Indonesia’s regulatory oversight of bank amounts to “de facto” admission for purposes of bilateral investment treaty.. Indonesia round-up: banker seeks to annul ICSID award, as Singaporeans, Australians and Japanese threaten arbitration over coal and aluminum projects.. In separate opinion, Prof.. Sornarajah says UK BIT protects only “direct” investments, and Indonesia's “post-entry” regulation of banks is never akin to admission.. As hearings kick off in Apotex v USA arbitration, new pleadings show continued sparring over Canadian drug companies' claim to own NAFTA-protected investments.. ICSID removes arbitrator in Blue Bank v.. Venezuela case due to his law firm elsewhere acting against Venezuela.. In a sign of the arbitral times, Ecuador urges arbitrators to “reconsider” an earlier holding – and tribunal lets parties argue it out.. In “show cause” proceeding, Chevron quantifies alleged losses due to Ecuador’s failure to block enforcement of Lago Agrio judgment.. OVERVIEW: Where the Chevron v.. Ecuador bilateral investment treaty arbitration currently stands as merits hearings loom.. Parties debate whether a state’s obligation to respect final and binding nature of awards under U.. -Ecuador investment treaty extends to “interim” awards.. Venezuela’s failure to produce documents leads to inference that they may be unhelpful to Gov’t, but majority can’t conclude that ambiguous law offers consent to international arbitration.. Caribbean Court of Justice refuses to enforce $22 million (US) LCIA award that had upheld secretive, “illegal” tax waivers for foreign-owned companies.. Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector.. Claims against Uzbekistan fail under Israeli investment treaty, as well as under 1998 law that other foreign investors are seeking to use.. Testimony by foreign investor piques tribunal's curiosity as to legitimacy of consulting contracts with local fixers, and leads to unraveling of case vs.. ANALYSIS: In Uzbek case, tribunal reads investment treaty's "legality" clause narrowly, but refuses to let investor use MFN clause to avoid it altogether.. In jurisdiction ruling, foreign investor bidding in privatization – but failing to acquire assets - is entitled to some treaty protection.. Serbia disputes: Mytilineos files a new BIT claim in long-running fight, while solar park investor adds treaty claim to threat of contract arbitration.. In previously-unseen damages award, investor can't prove causal link between mistreatment during Polish tender and future lost profits.. In merits award, opaque and protracted privatization process breaches treaty even though no investment was made.. Germany-Poland BIT award adopts novel approach to claims centered on events that occurred before arbitral consent was given.. As more arguments are exchanged by Conoco and Venezuela, amount of damages in arbitration could hinge on whether tribunal will reconsider a key holding.. 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.. After 8 year ICSID marathon, foreign investors win $250 million in damages and interest in dispute with Romania arising out of withdrawn incentives.. Arbitral awards in Nordzucker v.. Poland investment treaty case now available for download.. Arbitrator steps down after being challenged in multi-billion dollar Venezuelan gold mining dispute.. ICSID moves swiftly and selects Rigo Sureda, Schreuer and Cheng to hear UK investor's attempt to annul award in Indonesian banking arbitration.. Arbitrator's reaction to challenge becomes crucial evidence that leads to his removal in Burlingon v.. Ecuador case; separate challenges rejected in Repsol v.. Niger liable for expropriation of airport services concession, but no damages due for subsequent "misuse" of intellectual property.. Full light is shed on the reasons for ICSID's rejection of Argentine efforts to remove arbitrators in Repsol case.. After failure of claim under Kazakh statute, Canadian miner hopes that USSR-Canada investment treaty permits arbitration with Kazakhstan.. Arbitral award is now available for download in Ioan Micula and others v.. Romania arbitration.. Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms.. Guatemala breached CAFTA due to arbitrary, non-transparent setting of electricity tariffs; bitter pill for Gov't in light of recent events.. Egyptian prosecution of principals involved in 2008 license plate contract lead German investors to file arbitration.. ICSID registers claim by owner of mine that was recently nationalized by Papua New Guinea.. Croatia disputes: Hungarian energy company sues at ICSID, while property developer resumes ICC arbitration with state agency.. After settling some awards, Argentina takes more fractious path in bond-holders case, with new bid to disqualify arbitrators.. New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages.. Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID.. UNCITRAL tribunal rejects jurisdictional objection relating to earlier ICSID claim in Ecuador windfall levy dispute.. Another French investor, Le Chèque Déjeuner, sues Hungary at ICSID over state take-over of popular meal voucher sector.. Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures.. UNCITRAL tribunal will hear Turkmenistan's argument that a bloc of claimants can't band together to bring a multi-party BIT claim.. Arbitrators award damages for actual losses, as well as some future lost profits in dispute over withdrawn investment incentives.. Arbitrators find fault with Romania for not apprising investors "reasonably soon" after it had become clear that incentives would need to be revoked.. In analysis of legitimate expectations, arbitrators ask whether investors or Romania bore "the risk of regulatory change".. In Romania case, EU expresses doubts as to legality of ordering EU state to compensate investors for lost incentives.. Majority of tribunal sets high bar for relying on treaty's umbrella clause: commitments to investors must be vested rights under local law.. Investors seek injunctive relief and channeling of damages to select claimants in Romania case; should damages reflect benefits for claimants of joining EU?.. Moldovans secure $500+ million arbitral award in claim against Kazakhstan under Energy Charter Treaty.. ANALYSIS: Japanese companies may pursue Chevron-type BIT arbitration in response to Korean court rulings in forced labour cases.. In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic.. In a novel ruling, ICSID tribunal orders that impecunious third-party funded claimant should cover all advance-costs of proceedings.. Fast-track dismissal is possible in annulment context, but Honduras' challenge to ICSID award will continue, and with conditional stay.. Kuwaiti conglomerate Alghanim pursue ICSID claim against Jordan over telecommunications dispute.. Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v.. Ecuador lays out new merits arguments in Chevron BIT arbitration, claimants tender new evidence, and tribunal postpones this week's hearings.. Despite plunge in Venezuela claims, ICSID sees 40 cases come through its doors in 2013; intra-EU treaty claims continue to proliferate.. El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections.. In new procedural decision, arbitrators in Greek sovereign debt case clarify possible merits process.. Objections aired by Vietnam in face of U.. real estate investor’s treaty claim.. Analysis: Does Moscow Chamber of Commerce offer effective alternative for arbitrating investment claims against Central Asian states?.. Parties to Greek sovereign debt case agree to fast-track jurisdictional objections, so that merits phase can play out as scheduled in 2015-16.. Vietnam wins treaty arbitration with US investor; a second treaty claim heads to hearings this year.. Croatia Round-up: Arbitrators in place for Croatian real estate dispute; Gov't files UNCITRAL claim against Hungarian energy company.. Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute.. $20+ million award against Argentina withstands annulment attempt; committee won't second-guess majority's decision to take jurisdiction via MFN clause.. Scope of Mexico’s latest loss in waste management case comes into view, as BIT arbitral award is pursued via law on transparency.. 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.. Newly-obtained arbitral rulings offer window into first-documented UNCITRAL investment treaty claim: Saar Papier v.. BIT claim against Republic of Uzbekistan dismissed on jurisdictional grounds.. ANALYSIS: Uzbek Case hinges on definition of investment under BIT.. Award published in claim under Swiss-Uzbek BIT; Arbitrators remind of basic distinction between applicable law and substantive obligations.. Claimants seek to disqualify arbitrator chosen by Kazakhstan in high-stakes energy arbitration.. ICSID rejects new Argentine bid to disqualify arbitrators in sovereign debt case; under what circumstances will ICSID turn to "third party" for opinion?.. In newly-disclosed 2010 Energy Charter ruling, arbitrators rule that treaty’s denial of benefits clause operates only prospectively.. Claims under two BITs can be heard by one tribunal in Bolivia case, but arbitrators disagree as to impact of investor failure to give prior notice of some claims.. Bolivia's invocation of "denial of benefits" clause serves to derail a claimant's case under U.. Arbitrators hold Democratic Republic of Congo in breach of its domestic investment legislation in relation to treatment of two foreign investors.. In Bolivia case: expropriation was unlawful because Bolivia's negative valuation of seized assets breached the duty to provide "just and effective" compensation.. Canadian miner hires law firm and threatens arbitration over blocked mining project in Peru.. As Vietnam explores collection of costs award against unsuccessful investor, another claimant sticks its head above the parapet.. Bulgaria obtains enforcement of costs award; court dismisses investor's belated allegation of arbitrator bias due to issue-conflict.. Investor claim against France shifts into gear, as parties look for lawyers and arbitrators begin to be chosen.. In rare holding, investors' claims of "coordinated" top-down harassment by Kazakhstan are vindicated.. In now-available award, Boeckstiegel tribunal valued Kazakh assets at a half billion Dollars, but rejected key claim for lost profits and opportunities.. In newly-obtained Energy Charter Treaty award (Ascom and Stati v.. Kazakhstan) arbitrators offer narrow reading of denial of benefits clause.. Government complains that Stockholm Arbitration Institute moves too quickly to make default arbitrator appointment.. Tribunals named for Transglobal v.. Panama, Spentex v.. Uzbekistan and Federal Elektrik v.. Uzbekistan arbitrations.. New arbitrations registered by ICSID: Michael Dagher v.. Sudan and Blusun and others v.. Italy.. In Kazakh case, annulment committee declines to second-guess move by tribunal to impose higher bar for what constitutes a protected investment.. Laos can't prove that tax dispute arose before investor became eligible for BIT protection; failure to raise "abuse of process" objection is missed opportunity.. Russia held liable for expropriation of Yukos shareholdings in case brought by minority Spanish shareholders (but funded by majority owner).. In now-available UNCITRAL award, tribunal chaired by Brigitte Stern says that MFN clause cannot be used to broaden jurisdiction of Germany-Bulgaria treaty.. UNCITRAL tribunal makes "abuse of process" finding in face of belated move to take on foreign ownership in order to press claims against state.. Jan Paulsson is tapped to chair Energy Charter Treaty arbitration claim proceeding under UNCITRAL rules.. Arbitrators reject jurisdictional objections raised by Indonesia in mining dispute at ICSID.. Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly.. Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK.. New Works on International Investment Law and Arbitration - Oct 2013 to Feb 2014.. Sup Court overturns set-aside of $185 mil award vs.. Argentina; arbitrators may continue to debate pre-arbitration conditions, but U.. Courts may not second-guess.. Majority in Peru banking crisis case says that savvy investor should have known of the strengths and weaknesses of Peruvian institutions.. In split decision, majority finds no fault with Peru's treatment of struggling bank; comparisons of claimant to larger rivals are not appropriate.. Jurisdiction upheld in Peru bank failure case even though claimant made no investments, and acquired her shares (for free) years after bank closure.. Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute.. Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans".. Arbitrator challenge is rejected in Koch v.. Venezuela case, but two more challenges spring up in another Venezuela dispute.. Arbitrators in Conoco v.. Venezuela case split as to their power to "reconsider" earlier decision on liability.. Arbitrators differ on questions of attribution, but agree that Turkey did not breach BIT obligations owed to Dutch investor.. In Tulip v.. Turkey case, arbitrators are skeptical that treaty's umbrella clause reaches to domestic investment protection law, but see no breach anyway.. Ethical screen erected in NAFTA case to ensure that arbitrator remains cut off from his law firm's prosecution of a separate claim.. ANALYSIS: The scope for ICISD arbitrators to agree to hand on to ICSID the task of resolving challenges to colleagues.. Arbitrators named for claim by Greek shareholders in Cypriot bank and for claim by French investor against Hungary.. Appearance of possible prejudgment of key issues leads to unprecedented disqualification of ICSID arbitrator at the hands of colleagues.. Egyptian LNG dispute lands at ICSID; cancelled licenses in Gambia open door to arbitrations, including by investor previously at odds with Sierra Leone.. Montenegro rebuffs investor allegations, after two claims are lodged in relation to aluminium venture.. ANALYSIS: Investor's memorial in Renco v.. Peru UNCITRAL arbitration offers updated arguments on merits and remedies sought.. Newly-obtained ICC award sheds further light on shifting of costs onto investor for abandoned investment treaty claim.. Ad-hoc treaty claim by Chinese investors vs.. Mongolia is back on track following long delays arising out of arbitrator withdrawal.. Amidst concerns about prompt payment of arbitral awards, stays of enforcement are lifted in two ICSID cases.. ICSID Annulment committee rejects effort by Spain-U.. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case.. As transparency rules take effect, and UN launches case registry, how much of ISDS universe will be laid open through this new portal?.. UNCITRAL Arbitrations Update: Appointing authorities pick chairs in a pair of investment treaty claims.. Gov't bid to remove arbitrator falls short in UNCITRAL BIT case, and elicited rebuke from challenged arbitrator as to nationality-based discrimination.. Investor's bid to disqualify former Argentine Attorney General from sitting on tribunal is rejected by PCA Secretary-General.. As tribunal declines jurisdiction due to lack of foreign control of ICSID claimant, dispute over underlying Cairo arbitral award is not over.. Anglo-American invokes treaty protections in new arbitration with Venezuela.. ICSID's first claim of 2014 is brought against Spain by Masdar, a Dutch subsidiary of U.. renewable energy company.. Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies.. Parties agree on a chairman for Energy Charter Treaty arbitration between MOL Hungarian Oil and Gas Company Plc and Croatia.. As Romania seeks annulment of $250 million award at ICSID, enforceability questions loom.. Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India.. Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue.. Updates on progress of Philip Morris arbitrations against Australia and Uruguay.. As Indonesia reconsiders its investment treaties, arbitrators don't want to slow down mining case by separating liability and damages phases.. Investors in "Praktyka" dispute turn to ICSID arbitration, alleging that Ukraine failed to protect their investment in financial sector.. Annulment round-up: Teco and Guatemala each seek review of CAFTA arbitral ruling; ad-hoc committee members named for Kazakh and Turkmen cases.. Argentina-Repsol settlement pact stipulates that ICSID won't be used for any future arbitrations.. Bolivia liable for unlawful expropriation of UK investor's stake in a power generator.. Investors strike deal with Bolivia in order to secure "rapid" payment of some of the compensation awarded by arbitrators.. A listing of 56 investment treaty claims filed in 2013, and links to where you can learn more about them.. ANALYSIS: As Al Jazeera Media Network notifies Egypt of possible arbitration claim, what legal arguments loom in such a case?.. Venezuela secures dismissal of $180 million ICSID arbitration brought by Canadian firm, Nova Scotia Power.. After final hearings in first arbitration under Organization for Islamic Conference investment pact, the text of 2012 jurisdictional ruling comes to light.. Venezuela's bid to disqualify arbitrators in ConocoPhillips ICSID case is rejected; meanwhile, ICC tribunal rules in separate claim by PDVSA.. To consternation of NAFTA signatories, tribunal rules that USA lacks a right to attend arbitration hearing in Detroit International Bridge v.. Canada case.. Australia denies access to its "plain packaging" arbitration defence under Freedom of Information law.. ANALYSIS: Why it's important to read between the lines of UNCTAD's annual review of investor-State dispute settlement cases.. Round-up: Water concessionaire warns Estonia under Dutch treaty; Uruguay threatened over decree affecting ownership of pharmacies.. Arbitrators decline Canada's request to amend confidentiality order so as to "clarify" that USA and Mexico can sit in on NAFTA hearings.. As Vodafone sues India - and Nokia threatens the same - company could seek interim arbitral order blocking India from pursuing billions in taxes.. ICSID rejects challenges to David Caron and Santiago Torres Bernardez in Transban v.. Battle over iron ore deposits in Guinea opens up multi-front legal battle.. ICSID panelists in place in Courts v.. Madagascar arbitration and Micula v.. Romania (annulment) proceedings.. Newly-obtained Mexican BIT award reveals that arbitrators disagreed on jurisdiction over state-owned claimant; details emerge of final settlement sum.. Taiwan may seek state-state investment arbitration with Vietnam over anti-Chinese riots, as one investor threatens its own BIT claim.. Two wins for states at ICSID, as Egypt prevails over H&H Enterprises and Poland defeats claims by Robert Lewis and David Minnotte.. ICSID Round-Up: New arbitrator in Pey v.. Chile; new claim by Highbury and others vs Venezuela; and a bid to annul award in Rose Levy v.. Peru.. Turkmenistan construction dispute grinds to a halt, as investor objects to new arbitrator appointed by government.. Mexico held liable for expropriation of waste facility, and for additional mistreatment prior to the taking in Abengoa case.. DCF method used to value waste plant that operated for mere months; arbitrators ask if investor added to harm due to poor consultation with locals.. Argentina ordered to pay $40 million, plus substantial interest, to investor in thwarted water project.. Arbitrators dismiss claims by Dutch insurer, but investor says it has achieved goal of averting Slovak nationalization and creation of single-payer health system.. As Kazakhstan pursues set-aside of $500+ million Energy Charter Treaty award, government takes aim at Stockholm Chamber's handling of arbitration.. English Court deems massive award against Czech Republic to be non-binding.. ANALYSIS: In SAUR case, Arbitrators value damages for various treaty breaches together, and use costs order to incentivize realistic claims valuations.. Dutch affiliates of US energy company, NextEra, are latest to sue Spain at ICSID.. As crucial decisions loom this year in several Yukos cases, US Government is urged to espouse claims of US shareholders against Russia.. Arbitrators decline jurisdiction over claim by Société Industrielle des Boissons de Guinée; same local investment law sits at centre of BSGR iron ore dispute.. Final award from Abengoa & COFIDES v.. Mexico arbitration now available for download.. In previously undocumented Energy Charter Treaty arbitral ruling, a divided tribunal awards $49 million in dispute over electricity supply debts.. Parties in Enel v.. El Salvador arbitration agree on a former senior counsel at ICSID to serve as chair in pending arbitration.. Litigation funder whose involvement had led to procedural skirmishes in investor-state arbitration reveals itself after Bolivia settles debt.. Mercer International lays out its NAFTA discrimination arguments against Canada in pulp mill dispute.. Appeal of €5 million ruling against Ukraine for unlawful seizure of foreigner's assets will not be heard.. Another week, another arbitration claim against Spain: InfraRed Environmental Infrastructure sues at ICSID.. Bulgaria may face BIT and human rights claims over renewable energy measures.. Final award from Minnotte and Lewis v.. Poland arbitration is now available.. Another claim against Slovakia fails, as arbitrators dismiss remainder of EURAM AG's claims under Austria-Slovakia BIT.. Arbitrators see no deliberate "closing of eyes" by investors with respect to conduct by its local business partner.. Arbitrators use "prima facie" test to see if claims capable of breaching BIT, but also lapse into weighing some of the claimant's evidence..

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