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  • Title: PDF Editions 2011 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: You are here:.. PDF Editions 2011.. December 31, 2011 (Vol.. 4, No.. 19) - (.. Click to Download - Subscribers Only.. ).. 1.. Australia opts for transparency in Philip Morris arbitration; Uruguay faces similar claim, but has yet to follow suit.. 2.. ANALYSIS: Australian defense strategy puts spotlight on timing of Philip Morris s corporate structuring moves, claims abuse of investment treaty.. 3.. New reporting on ICSID award debts of Kazakhstan, Kyrgyzstan and Bangladesh.. 4.. Republic of Georgia agrees to pay 1/3rd of ICSID award; litigation funder sees recovery after bumpy ride.. 5.. Mining investor s lack of funding puts CAFTA arbitration on ice.. 6.. Argentina fails in effort to disqualify arbitrators in sovereign debt arbitration at ICSID.. 7.. ICSID nixes effort by two blocs of investors in Hungary to unilaterally join their arbitral claims.. 8.. U.. investor seeks to hold Oman responsible for bureaucratic runaround, environmental charges, and wrongful termination of quarry lease.. ICSID sets a caseload record in 2011.. European Court rules in favour of landowners for excessively delayed expropriation payouts in Malta and Poland.. December 15, 2011 (Vol.. 18) - (.. Slovakia releases arbitral award pursuant to request; last-minute arbitrator challenge had delayed closing of case.. Majority of arbitral tribunal relies on home state government memo purporting to explain ambiguous investment treaty clause.. Surprise derailment of Dutch investor s claim against Slovakia serves to highlight possible protective gap in certain Dutch investment treaties.. Parties in NAFTA pharmaceuticals arbitration trade arguments on jurisdiction, as tribunal rejects amicus participation.. Former ICSID claimant wins human rights case for unlawful detention and asset seizures; court does not delve into misconduct questions that had roiled earlier arbitration.. Ecuador bristles at suggestion that its treatment of the media is in breach of international investment treaty and human rights protections.. ANALYSIS: Threatened claim by off-shore investors in newspaper company could stir debate as to whether investment treaties protect political expression.. Arbitrators reject Greek investor s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs.. Arbitrators decline jurisdiction over Romania s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes.. ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts.. investor pursues UNCITRAL arbitration claim against Vietnam; tribunal empaneled to hear allegations of treaty breach.. ICSID Docket Round-Up: Four tribunals are announced in Peru, Venezuela, Albania and Romania cases; ICSID picks chairs in two cases following deadlock.. November 23, 2011 (Vol.. 17) - (.. ).. Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada.. Public hearings loom in longest-running CAFTA arbitration arising out of Guatemalan railway dispute.. Parties to Guatemalan railway arbitration joust over alleged extortion, financial viability of investment, and investor s reliance on ultra vires contract.. Guatemalan railway arbitration see legal debate as to administrative delays and due process requirements imposed by CAFTA.. ANALYSIS: State s demand that compensation be conditioned upon return of property raises questions about authority of investment treaty tribunals.. In awkward twist, Ecuador s path to state-to-state investment treaty arbitration with USA must run through ICSID.. Newly unearthed jurisdictional ruling reveals that Cuba questioned whether Italian diplomatic protection claims fall under investment treaty s state-to-state arbitration clause.. Swedish enforcement agency allows attachment of Russian funds deposited at Stockholm Arbitration Institute.. Russia defeats treaty arbitration claim by arguing that trade-related debts don t amount to a protected investment.. Arbitrator, Yves Fortier, is challenged by Venezuela following announcement of law firm merger.. ICSID claims round-up: cases against Turkey, Turkmenistan, The Philippines, and Guinea (Conakry) are registered.. BRIEFLY NOTED: Arbitrator resigns after sharp dissent in ICSID case; Peru and Argentina each move to annul awards at ICSID.. November 3, 2011 (Vol.. 16) - (.. Third arbitrator in Argentine sovereign bonds dispute weighs in with blistering dissent.. Dissenting arbitrator argues that Argentine bonds bought on secondary market are not investments made in Argentina.. Arbitrator raises alarm about future workability of sovereign debt restructuring processes if ICSID tribunals are to wade into such disputes.. energy company wins $43 Million plus substantial interest for treaty breaches by Argentina.. Arbitration over Argentine road concession to proceed, but arbitrators disagree whether MFN clause permits investors to detour around local courts.. Tribunal rules that Poland should be reimbursed for legal costs in abandoned investment treaty claim.. Turkey must compensate land-owners affected by its land conservation policies; compensation calculated near time of judgment, not the date of interference.. Swedish energy company reportedly planning new ICSID arbitration over German nuclear phase-out.. ICSID Round-up: Arbitrators named in cases against Poland, Kazakhstan and Egypt; annulment committee picked in Ukraine case.. Venezuela claims round-up: three tribunals named, two new arbitrations filed by victims of nationalizations, and one investor looks for funding.. Contrary to initial reports, Russian Federation deposits at Stockholm Arbitration Institute have not been frozen.. In ignominious footnote to ICSID case, foreign investor is convicted of crimes against humanity.. October 6, 2011 (Vol.. 15) - (.. As new arbitral claim is brought against Kyrgyzstan, an ICSID award remains unpaid.. Lengthy debt collection battle ends, as former Soviet state pays arbitral award; unusual form of diplomatic assistance seen.. Thailand comes out swinging in fight over non-payment of BIT arbitral award; government alleges that minority shareholder in highway project had contract obligation to not sue under treaty.. Mexico loses bid to set aside NAFTA arbitration award in Canadian appeals court.. Armenia successfully fends off claims for breach of U.. -Armenia bilateral investment treaty protections.. Investor in Bulgarian refinery asks arbitral tribunal to weigh new evidence that a competitor may have secured state favour via the payment of bribes.. Grounds are revealed for Argentina s bid to disqualify arbitrators in sovereign bond default dispute.. ICSID to prepare background paper on annulment process, following request by Philippines; German investor criticizes effort by Philippines.. Senate ratifies Rwanda investment treaty; agreement had already been referenced in a (now-settled) arbitration at ICSID.. September 27, 2011 (Vol.. 14) -.. (Click to Download - Subscribers Only).. Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs.. Human Rights Court finds some breaches by Russia in Yukos case, but diverges from earlier BIT arbitration ruling on other points.. EU member-states approve negotiating guidelines for India, Singapore and Canada investment protection talks; some European governments fear NAFTA contamination.. As ICSID member-states prepare to convene for annual meeting, functioning of annulment process is put on the agenda.. Arbitral award in Argentine financial crisis case will stand; government obliged to pay modest sum to U.. insurance company.. Togo fails to overturn ICSID arbitral award; damages owed to French electricity investors amount to 12% of state revenue.. Challenge to member of ICSID ad-hoc committee presiding in Panama energy dispute is rejected by his colleagues.. Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan.. Czech Republic announces another intra-EU arbitration victory in fight over golf resort.. September 7, 2011 (Vol.. 13) -.. Final damages ruling comes in much lower than Chevron had hoped, but Ecuador still adamant that arbitrators overstepped their bounds in substituting for local courts.. ANALYSIS: In battle over $100 Million award, spotlight shifts to opaque state-to-state arbitration over treaty meaning.. Turkey defeats $11 Billion arbitration claim; putative off-shore shareholder fails to prove it owned shares prior to alleged expropriation of electricity concessions.. Libananco v.. Turkey postscript: minority shareholders in Uzan electricity companies also saw claims dismissed by European human rights court.. Efforts to set-aside intra-EU BIT award likely to be abandoned, as government claims victory in arbitration.. Czech state dogged by unpaid arbitration liability of $500 million; 2008 arbitral award chronicles a series of complications during damages phase.. Investor in waste management project in Mexico puts government on notice of treaty breaches.. US investors put Mexico on notice of NAFTA arbitration in border crossing advertising dispute.. Battle over reversed public tender battle to play out in investment treaty arbitration and before European human rights court.. Renewable energy arbitration claims on horizon, but states take differing approaches to public disclosure.. Tribunal picked to hear Peruvian electricity dispute; Ukrainian radio tenders case moves to annulment phase.. August 18, 2011.. (Vol.. 4, Nos.. 11 12) (.. World Bank arbitration tribunal upholds jurisdiction over Billion Dollar  ...   shows signs of cooperation with the arbitration system.. A discussion of the Chevron-Ecuador dispute with Michael Goldhaber of The American Lawyer magazine.. As Peruvian citizens sue U.. mining investors for environmental harms, mining company makes good on threat of treaty arbitration in effort to indemnify against potential losses.. ANALYSIS: Renco s treaty claims against Peru include indemnification and non-monetary relief requests that echo Chevron v Ecuador case; claim also has contentious jurisdictional and political angles.. Arbitrators to decline jurisdiction over $1 Billion arbitration claim by Dutch investor in Slovak health insurance sector.. Compensation terms for Guinean investor still unresolved as ICJ-imposed deadline looms in Congolese dispute.. Fate of international tribunal to be debated by Southern African heads of state; Jurisdiction over investment and human rights disputes at issue.. ANALYSIS: Consultant s draft report on SADC tribunal contains much of interest for international disputes specialists.. South African Court of Appeal overturns far-reaching judgment which had ordered South Africa to compensate a citizen whose property was.. May 3, 2011 (Vol.. 6) (.. Arbitrators rule that Mongolian windfall tax does not breach investment treaty protections owed to Russian gold mining investors.. ANALYSIS: In Mongolia mining arbitration, local hiring law does not breach treaty; certain actions of central bank are attributable to state, and lead to one treaty breach of Russian treaty.. ANALYSIS: Arbitrators wrestle with questions of their jurisdiction over events occurring before treaty s entry into force; counter-claims by Mongolia also raised in mining dispute.. Mining company s arbitration against Kazakhstan under foreign investment statute is dismissed due to time-bar.. Court confirms arbitral award rendered under Germany-Thailand investment treaty.. ICSID annulment case discontinued and investor ordered to reimburse government for its legal costs; panel affirms that third-party funding should not affect costs recovery.. ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina.. After tight vote in committee, entire EU Parliament to weigh into debate over future of 1200+ bilateral investment treaties between member-states and non EU states.. European Human Rights Court dismisses claims against Turkey in Uzan electricity dispute.. Mexico found liable for termination of vehicle registry program; allegations that registry director was Argentine war criminal overshadowed case, but were not central to treaty arbitrations.. ANALYSIS: Arbitrators in Mexican concession dispute reject DCF and non-DCF valuation approaches in favour of award of lost chance.. Arbitrators find that Swiss company s ties to Switzerland are too tenuous to deserve protections of investment treaty; one-off cross-border purchase of receivables in Slovak Republic is not a protected investment.. ANALYSIS: Tribunal ruling in GEA v Ukraine offers contrast to earlier ICSID arbitration where non-enforcement of arbitral award was at issue.. In policy switch, Australia disavows need for investor-state arbitration provisions in trade and investment agreements.. April 11, 2011 (Vol.. 4 5).. (Click to Download - Subscribers only).. Arbitral Tribunal orders Ukraine to pay 8.. 7 Million USD to U.. investor for breach of bilateral investment treaty.. Majority sets out its damages analysis of U.. investor s claim against Ukraine arising out of thwarted radio broadcasting investments.. Dissenting arbitrator in Ukraine case cautions against holding states liable to compensate losers of public tenders; expansive scope of fair and equitable treatment reading is criticized.. Argentina liable for mistreatment of investments by French energy multinational, but majority sees no treaty breaches during peak of financial crisis.. Arbitrators in Total v.. Argentina arbitration revisit Argentine treatment of gas transport investment that figured in earlier CMS v.. Argentina case.. Co-arbitrators in Total v.. Argentina case take widely-divergent views of Argentina s Fair and Equitable Treatment obligation under investment treaty.. ICSID panels convened in disputes over Uruguay s tobacco policies, Venezuelan airport concession, Polish health-care venture, and Hungarian energy investment.. Fraport files new claim at ICSID over expropriation of airport terminal project; Annulment committee ruling paved way for new hearing by finding breach of investor's right to be heard.. ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute.. Human Rights Court finds no damage suffered by foreign investors from shares freeze; parallel investment arbitration threatened against Czech Republic.. New Books, Articles and Materials on Investment Treaty Law and Arbitration: December 2010 to April 2011.. March 15, 2011 (Vol.. 3) -.. Click to Download (Subscribers Only).. Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case to air jurisdictional arguments next week.. Cargill v.. Mexico ruling finds three NAFTA breaches; publication of 2009 arbitral award delayed 17 months as redactions debated.. Tribunal sees a high-bar for breach of NAFTA s Minimum Standard of protection; doubts expressed as to impact of hundreds of BITs on customary international law.. Mexico can t justify its mistreatment of Cargill as counter-measures taken against the United States; ownership of NAFTA rights discussed anew.. Mexico persists in battle to reduce $77 Million NAFTA debt; published damages award applied several notable discounts, including effect of social protests against investor s product.. Tribunal issues interpretation of award, and clarifies that it reinstated a contractual arbitration clause that had been extinguished under Jordanian law.. ANALYSIS: Arbitrators in Malicorp v Egypt discuss definition of investment and investor conduct; tribunal warns that BIT arbitration should not be used to detour around contractual forums.. Arbitrators in NAFTA arbitration reject all claims against United States in tobacco industry dispute.. ANALYSIS: Tribunal in Grand River v.. arbitration declines to import non-investment law obligations into NAFTA; role of other relevant legal obligations in treaty interpretation under Vienna Convention is not discussed.. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued.. Tribunal diverges as to the extent to which U.. -Panama treaty permits foreign investors to challenge host country tax measures.. February 1, 2011 (Vol.. 2) -.. Czech Republic terminates investment treaties in such a way as to cast doubt on residual legal protection for existing investments.. Arbitrators decline to order Tajikistan to compensate investor for unawarded licenses; in earlier ruling, panel had found state in breach of Energy Charter Treaty obligations.. Greece ordered to pay 3.. 7 million in compensation for creeping expropriation via measures aimed at protection of endangered sea turtles; court dismisses as conjectural a much larger claim for lost-income.. Court sets out reasons for dismissing Argentine government s efforts to block confirmation of $185 Million US arbitral award; Argentina to appeal.. Argentina by the numbers: where things stand with investment treaty claims arising out of the Argentine financial crisis.. Georgia changes tack in tussle over $90 Million arbitral award in gas pipeline dispute.. Tribunal constituted in ad-hoc arbitration brought by Italian businessman against Lithuania citing flawed privatization tender process.. ICSID will hear challenges to two Venezuela arbitrators simultaneously; meanwhile another Venezuela dispute is suspended as arbitrator is challenged.. Panels finalized in ICSID claims against Peru and Romania, and in Jordan annulment proceeding.. Canadian power company sues Venezuela (again) over terminated coal contract.. Bulgaria sued over cancelled waste contract.. Investors in Serbian casino seek injunction against granting of competing licenses; Serbia prevailed in earlier (unrelated) arbitration under Greek treaty.. Turkish energy investor sues Kazakhstan at ICSID.. AES seeks to annul losing verdict in energy dispute with Hungary.. Documents of interest: Notice of Intent for newly threatened claim against Peru; provisional measures ruling in Caratube v.. Kazakhstan case; new arbitral award in PCA arbitration; and U.. Government filing in Mobil v.. Canada case.. NYU and Columbia events on investment law and policy.. January 13, 2011 (Vol.. 1) -.. Arbitrators hold Russia liable for engineering the confiscation of Yukos, but decline to reward hedge fund for speculative last-minute purchase of shares in doomed oil company.. LEGAL ANALYSIS: RosInvestCo v Russia arbitration was about expropriation, but arbitrators touched on broad range of treaty interpretation questions.. JURISDICTIONAL ANALYSIS: Tribunal rejects Russia s arguments that RosInvestCo s signing away of economic interest in shares is grounds for finding that UK firm was not an investor with an investment in Russia.. DAMAGES: Russia enjoys success at damages phase in RosInvestCo case; arbitral ruling may have wider implications for claims speculation and political risk insurance.. German courts asked to overturn finding of jurisdiction by arbitral tribunal in intra-EU investment dispute.. Investor withdraws stay request, and plans to proceed with twin NAFTA arbitration claims.. Canadian mining investor makes good on earlier-threatened arbitration against Mongolia..

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  • Title: PDF Editions 2010 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2010.. December 16, 2010 (Vol.. 3, No.. 19) -.. Czech Republic prevails in arbitration with Canadian investor who complained of Czech officialdom s handling of his dispute with local business partner.. ANALYSIS 1: interpretive approach in Czech-Canada BIT case driven by arbitral practice ; legal security obligation not a relative one?.. ANALYSIS 2: Application of treaty to facts yields no breaches by Czech Republic in FPS case; arbitrators will review local court s enforcement of arbitral awards.. UNCITRAL Claim by U.. Hedge Fund clears jurisdictional hurdle in fight over Ecuador electricity investments; Ecuador sought to deny benefits of U.. investment treaty.. ICSID tribunal deems Central African Republic oil contract to have ended; U.. investor obtained default judgment in U.. Court against C.. R.. leaders over bribe allegation.. Arbitrators dismiss claim against Ukraine for unpaid poultry shipments; transactions don t qualify as investments eligible for ICSID arbitration.. Australian government commission sees little need for investment protections and arbitration mechanisms in international economic agreements.. Human Rights Court holds Hungary in violation of right to private life; Case highlights States responsibilities to police environmental effects of business activity.. Arbitrators selected to resolve latest Zimbabwe expropriation claim.. Tribunal constituted to hear series of non-payment claims against Turkmenistan.. Tribunal nixes treaty claim against Grenada on expedited basis; arbitrators deem it impermissible to pursue claim that re-litigates matters resolved in earlier contract case.. Tribunal dismisses claim of Murphy Oil against Ecuador in windfall tax dispute.. November 25, 2010 (Vol.. 18) -.. ICSID panel orders Georgia to post $100 Million financial security as condition for staying enforcement of arbitral award while review process plays out.. One challenge to oft-appointed arbitrator Prof.. Brigitte Stern is rejected, but others arise.. Arbitrators decide to hear Canada s objections to NAFTA garbage disposal investment dispute as a preliminary matter.. Bolivia settles bitterly-contested arbitration with Telecom Italia; UK power company prepared to pursue arbitration over power generation nationalization.. US electricity company requests arbitration for alleged breaches of CAFTA by Guatemala.. Republic of Georgia settles ICSID arbitration with U.. based seller of Russian gas.. Sempra goes back to the drawing board in long battle with Argentina.. Closure looms for Guatemalan mine following interim measures issued by Inter-American Commission on Human Rights; company has legal remedies available.. Facts of failed ICSID arbitration claim give rise to ruling in human rights court; veil-piercing of closely-held company is permitted.. Human Rights Court finds no violation of France s duty to protect operations of UK company operating via English Channel tunnel.. UN Advisor seeks public input on principles for business and human rights.. Governments nominate more individuals to ICSID arbitrators roster; some familiar names make the list.. New Books and Articles on Investment Treaty Law: June November 2010.. November 4, 2010 (Vol.. 17) -.. As EU Trade Policy Committee prepares to meet, views diverge on European Commission s plans for investment treaties with external trading partners.. Arbitrators uphold jurisdiction over investor claim against Slovakia; dispute over health insurance investments not derailed by Slovak accession to the European Union.. ANALYSIS: Tribunal rejects objections of European Commission and Slovak Republic in Eureko arbitration; Vienna Convention arguments examined in detail.. Thailand asks U.. Court to dismiss investor s efforts to confirm and enforce $40 Million BIT award; government says arbitrators erred in permitting arbitration.. Tribunal chosen to hear ad-hoc arbitration by Chinese mining investors against Republic of Mongolia; Canadian firm rowing back from earlier threats of separate claim.. Arbitrators chastise claimants and order them to bear costs, as Canadian investors claims against Costa Rica are discontinued.. ICSID Panel declines Grenada s request to order investor to post security.. In unpublished ICSID annulment decision upholding railway consortium victory over Republic of Gabon, committee discussed complex issues of nationality and control.. UK Supreme Court affirms non-enforceability of ICC award against Pakistan.. El Salvador s Preliminary Objections to U.. miner s claim will be heard in open hearings in mid-November.. NYU Investment Law Forum to discuss provisional measures on November 15th.. October 20, 2010 (Vol.. 16) -.. EC asks member-states to signal by year s end whether they will terminate their intra-EU investment treaties; spectre of legal action looms.. Governments begin debate on transparency in UN arbitration rules; first meeting highlights range of views on form and content.. New Chinese treaty with Switzerland replaces 1986 pact; in keeping with other Swiss pacts, treaty sets high threshold for being defined as protected investor.. Georgia authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia.. LEGAL ANALYSIS: Arbitrators rule that legitimate expectations arise out of Republic of Georgia s repeated promises of compensation to pipeline investor; unlawful nature of takings can affect damages.. DAMAGES ANALYSIS: tribunal looks at income and purchase-offers to value lost assets in Georgia; outside-funding of arbitration is likened to insurer subrogation and does not hinder costs-recovery.. Enron creditors file new ICSID claim arising out of Argentine financial crisis; earlier-adjudicated treaty breaches are claimed to be res judicata, and new tribunal should merely assess Argentina s necessity defence.. Uruguay hires law firm and secures outside funding to defend against Philip Morris claim; not the first time an NGO offers financial support for arbitration.. Tribunal declines interim measures request of investor; claimant pursuing arbitration arising out of Kyoto Protocol emission reduction project.. Law firm settles disputes with runaway client; ICSID windfall had led to falling out over funding of case and contingency fee.. Arbitrators selected to hear power payment claim against Tanzania under UK BIT; meanwhile new contract claim lodged against Tanzanian state-owned company.. Decisions in Ghana and Venezuela arbitrations become public.. September 28, 2010 (Vol.. 15) -.. Government views vary widely on eve of meeting to discuss transparency in UN arbitration rules.. European Commission and member-states will meet to discuss whether BITs are needed within European Union.. Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that politics is not a dirty word.. ANALYSIS ECT s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary s EU law obligations.. Details come to light of final ruling in German investor s arbitration with Ghana; fraud allegations do not preclude jurisdiction, but could be relevant to merits.. ANALYSIS: Some actions affecting German investor are not attributable to Republic of Ghana; others don t give rise to treaty violations.. Ad-hoc arbitration tribunal is hearing German investor s claims against Czech Republic following bankrupting of investment project.. US businessmen are latest to bring Poland to international arbitration.. Rwanda hires lawyers to defend tea estate dispute with U.. company; arbitral tribunal is selected to hear case.. NYU to hold panel discussion on UN World Investment Report s discussion of International Investment Agreements.. IISD re-launches Investment Treaty News as quarterly magazine.. September 15, 2010 (Vol.. 14) -.. Venezuela prevails in treaty-based arbitration, as arbitrators decline jurisdiction over investor claim.. Arbitrators in Chemtura v.. Canada NAFTA arbitration take economical route in finding no treaty breaches.. Georgia denies Freedom of Information request for arbitral  ...   in Exxon case rule that Venezuelan statute does not provide consent to ICSID arbitration; BIT claim for nationalization will proceed.. Tribunal to hear Venezuela nationalization claim under BIT, but tax and royalty disputes excluded due to timing of Exxon restructuring.. Briefly Noted: New Tanzania claim surfaces as debt-holder sues State.. Water extraction claim dries up in absence of funds; claimant ordered to cover half of state s expenses in UNCITRAL arbitration.. Czech Republic continued to argue in 2009 pleadings that intra-EU BITs are terminated by virtue of accession to European Union.. Chevron asks U.. Court to order arbitration lawyer to testify about witness statements in environmental dispute.. Court declines to vacate two Argentina BIT awards, but will hear public policy objections; Investor joins long queue of Argentine award-creditors.. ANALYSIS D.. C.. Court rejects arguments of Argentina in bid to set aside BG award; Argentina may have prevailed if full appeal permitted.. Details of EC Investment negotiating approach begin to emerge as announcement looms.. Belgian ratification of Colombia BIT suspended in face of labour protest.. Comprehensive Japan-Uzbek investment treaty now in force.. May 26, 2010 (Vol.. 8) -.. Class-action claim against Costa Rica can t clear jurisdictional hurdle.. Tribunal orders Jordan to halt local court proceedings and allow commercial arbitration of dispute.. ANALYSIS: Tribunal s ordering domestic courts to terminate case may pique interest of other claimants.. Arbitrators in Chevron-Ecuador case weigh in with interim orders.. Arbitral award surfaces in airline dispute under Austria-Slovakia bilateral investment treaty.. ANALYSIS: Tribunal splits on investor s use of Most-Favoured Nation clause to secure wider scope for arbitration.. Russia sued for breach of treaty by Italian company; case to rehearse debate on scope for arbitration in certain Russian BITs?.. Canada moves to terminate NAFTA claim, after claimant fails to post funds for arbitration.. Hefty award against Gabon will stand in aftermath of failed rail privatization.. Bangladesh prevails in arbitration with Chevron.. Pacific Rim v.. El Salvador preliminary hearings to be live-streamed on the web.. May 7, 2010 (Vol.. 7) -.. Jurisdictional ruling issued in Germany-Ukraine BIT case.. Investor and lawyers fall out over contingency-fee arrangement in aftermath of ICSID arbitration.. Zimbabwe not paying ICSID award.. Deadline lapses without payment by Kazakhstan on BIT award.. How many states are not paying awards under investment treaties?.. Argentina objects to attempt to disqualify arbitrator because of his prior academic writings.. Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute.. Romania s compliance with human rights ruling is studied, as other claims allege state failure to screen impact of industrial activity.. April 22, 2010 (Vol.. 6) -.. Chevron requests interim measures in arbitration with Ecuador.. Investor seeks to collect on BIT award following Thailand s failure to pay.. ANALYSIS: ICJ ruling in Argentina-Uruguay case and its relevance to.. investment arbitration.. European Court of Human Rights orders Serbia to comply with arbitral award.. Non-disputing CAFTA state intervenes in arbitration to present arguments.. As new case lands at ICSID, and several more loom, Bolivia turns up the heat on.. arbitral system.. Investor sues Rwanda for breach of treaty protections incorporated into a.. contract.. Spanish subsidiary of US energy services provider is latest to take Venezuela to.. arbitration.. ICSID Secretariat offering one-day primer on practice and procedure.. April 9, 2010 (Vol.. 5) -.. Government prevails in NAFTA Chapter 11 arbitration; claimant weighing options.. Arbitrator in treaty dispute challenged due to academic writings.. Government must post bond in order to challenge UNCITRAL awards.. Challenge rejected against arbitrator on basis of shared educational background.. Third BIT claim arises after health policy reversal; state rebuffed in proposal to publish earlier award under same treaty.. Jurisdictional Decision in Paraguay case now available.. ICSID Tribunal corrects award so that it will be shielded from taxation.. Arbitrators order that criminal proceedings be suspended.. Canada sees two new Chapter 11 Notices of Intent.. ICSID round-up: tribunals picked in Kazakh and Macedonia cases.. NYU Investment Law Forum to discuss contract claims and umbrella clauses.. Georgetown Law School event to focus on transparency in international arbitration.. ICSID Committee declines to annul large damages award in Kazakhstan case (Mar.. 25, 2010).. Chevron wins first of two arbitrations with Ecuador (Mar.. 30, 2010).. March 18, 2010 (Vol.. 3, Nos.. 3 4) -.. Tribunal constituted in UNCITRAL claim against Argentina.. In parallel decisions, tribunals diverge on admissibility of umbrella clause claims.. Pacific Rim answers El Salvador s preliminary objections in CAFTA mining claim.. Parties in Vattenfall v.. Germany case suspend proceedings.. Philip Morris lodges second treaty claim, this time against developed country.. Appeal filed in effort to stay Chevron-Ecuador arbitration.. RSM takes another run at Grenada.. Tribunal won t tie Venezuela s hands in dispute with cement company; meanwhile, new claim lands at ICSID.. Democratic Republic of Congo sued for breach of domestic investment law.. Profiling the arbitrators selected in Maersk v.. Algeria, Urbaser v.. Argentina, and Gold Reserve v.. Arbitrator decries revolving door roles of lawyers in investment treaty arbitration (Feb.. Some arbitrators eschew counsel work but for various reasons (Feb.. Philip Morris files first-known investment treaty claim against tobacco regulations (Mar.. 3, 2010).. NY court dismisses Ecuador s request for stay of Chevron arbitration; IAReporter reports from hearing (Mar.. 11, 2010).. Analysis: What happens in the aftermath of the NY District Court ruling in Ecuador v.. Chevron? (Mar.. Arbitrator resigns in ICSID arbitration, after tribunal dead-locks on challenge (Mar.. 15, 2010).. February 9, 2010 (Vol.. 2) -.. Tajikistan breaches Energy Charter Treaty; claimant asks tribunal to order state to issue energy exploration licenses.. Supreme Court enjoins BIT arbitration over Caribbean telecoms dispute.. Congolese mining contract termination leads to arbitration by World Bank arm, South African state agency, and mining company.. Human Rights Court departs from international law approach to damages for unlawful takings.. Pending challenge to arbitrator spawned by articles posted on-line by assistant.. Tribunal in massive bondholders case clamps down on public disclosure.. Ukraine broadcasting award canvases BIT interpretation, review of regulatory agencies, and media policy.. Analysis: Arbitrators rule that cultural policy measure does not breach BIT protections.. Arbitrators selected in Egypt and Venezuela case; new claims against Peru and Uzbekistan, and Turkmenistan.. Plain packaging of tobacco products decried as expropriation, contrary to treaties; long-running debate rejoined.. Ukraine in breach of bilateral investment treaty; US radio sector investor suffers unfair treatment (Jan.. 27, 2010).. January 17, 2010, Vol.. 1 -.. Click to download (Subscribers only).. Tribunal selected to hear German investor s claim against Czech Republic.. Tribunal finalized in arbitration over Ecuadorian power-barges.. Replacement arbitrator selected by Canada in NAFTA garbage site dispute.. Tribunal declines to remove counsel in ICSID case; two earlier cases saw similar dilemma.. El Salvador raises objections in CAFTA mining arbitration.. Claim by Indonesia state government is declined on jurisdictional grounds.. ICSID annulment committee declines request to investigate alleged bribe.. In rare turn of events, claimant makes good on costs owed in BIT arbitration.. Airport construction investors see claim against Ecuador registered.. Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile.. New Books and Articles on Investment Treaty Law: May to December 2009.. For information about.. subscriptions contact:.. subscribe (at) iareporter.. com..

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  • Title: PDF Editions 2009 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2009.. December 21, 2009 (Vol.. 2, No.. 20) -.. BIT arbitration filed in Belize telecoms nationalization dispute; another BIT claim from off-shore lender also looms.. Argentina faces UNCITRAL BIT claim; investor hopes to rely on MFN clause to avoid 18 month waiting period in treaty.. Award published in claim under Swiss-Uzbek BIT.. ANALYSIS: Uzbek case hinges on definition of investment under BIT.. Jurisdiction upheld in massive claim against Russia, but decision remains under wraps.. Local opposition to toxic waste treatment facility lands Mexico in yet another international arbitration.. Majority of ICSID panel declines jurisdiction over ancillary claim in Georgian gas dispute.. Tribunals convened in ICSID cases involving Ukraine, Turkmenistan, and Venezuela.. Lawyer can't wear two hats in arbitrations with Argentina; challenge to arbitrator upheld in UNCITRAL BIT claim.. Media comments trip up arbitrator in successful challenge by Ecuador.. 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.. Reasons for failed challenge to arbitrator emerge in Cemex v.. Venezuela case.. Program finalized for February conference at Sydney Law School.. One-day conference slated for National University of Singapore on January 20th.. November 30, 2009 (Vol.. BIT claim against Republic of Uzbekistan dismissed on jurisdictional grounds.. Canadian power company quietly pursues UNCITRAL BIT claim against Republic of Venezuela.. One arbitrator disqualified, while challenge to another is rejected in UNCITRAL BIT arbitration.. Russian Federation opens up further front in defence of BIT claim.. Tribunal declines to revise award against Chile in dispute over newspaper expropriated in Pinochet coup.. Arbitrators selected to hear contentious El Salvador mining arbitration; Claimant's nominee chosen in parallel arbitration.. South Africa not prepared to let claimant walk away from ICSID claim without further conditions.. European Human Rights Court finds by Moldova of foreign investors' rights to fair hearing and property protection.. Coal-fired power plant investors reportedly threaten Australia with claims.. New York University launches monthly investment law discussions.. New documents posted to Investment Treaty Arbitration (ITA) website.. November 13, 2009 (Vol.. 18) -.. Arbitrators selected in Billion Dollar UNCITRAL claim against Slovak Republic.. BIT claim against United Kingdom is terminated by order of tribunal; Parties reluctant to disclose details of UNCITRAL arbitration.. Arbitrators selected in UNCITRAL arbitration between Bolivian investor and Republic of Ecuador.. NAFTA claim by Dow Chemical Corp on slow track as other Canadian Provinces persist with bans on contested lawn pesticide.. Window closes on possible Thai challenge of highway dispute award in Swiss courts.. European Human Rights Court holds Czech Republic denied fair hearing to foreign investors; Court declines to hear BIT claims raised in human rights suit.. ICSID arbitrators promptly reject bid to disqualify third member of tribunal in nationalization dispute.. Mining investors offer to withdraw politically sensitive arbitration claim against South Africa.. ICSID annulment committee declines to overturn arbitral award in favour of Ecuador.. ANALYSIS: Rejection of annulment requests in M.. and Azurix cases point to a high bar when it comes to overturning ICSID awards.. 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.. October 30, 2009 (Vol.. 17) -.. Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices.. Arbitrator steps down in UNCITRAL arbitration after appointing authority obliges him to choose between arbitrator work and advisory work for another NAFTA government.. ANALYSIS: NAFTA challenge ruling may stir debate as to implications in Energy Charter Treaty cases where arbitrators offer outside legal advice to state-parties.. Slovak Republic prevails in UNCITRAL claim with Austrian investor; operative treaty contained narrowly-cast jurisdictional clause.. Venezuela challenges arbitrator in ICSID cement nationalization claim.. ICSID annulment Committee will stay enforcement of an arbitral award in financial crisis dispute and require no posting of security by Argentine government.. ICSID tribunal asserts jurisdiction over aspects of claim against Lebanon.. ANALYSIS: Arbitrators in Lebanon case grapple with non-treaty breaches, denial of justice, human rights law, jurisdiction over non-treaty obligations, and occupation by squatters and Syrian soldiers.. Ecuadorian President reportedly asks Congress to terminate 13 BITs; move comes on heels of earlier termination of multiple BITs.. Australian miner has dispute with Gambia registered at ICSID.. Canadian gold miner makes good on threat to sue Venezuela over environmental permit delays; Venezuela promptly takes over mine site.. October 14, 2009 (Vol.. 16) -.. Motorola and Nokia seek to seize any benefits which may flow from Libananco's ICSID arbitration claim against Turkey.. NGOs permitted to intervene in South Africa mining case and - for second time at ICSID - tribunal orders would-be petitioners to be given access to case documents.. Eureko settles one claim with Poland, but quietly pursues a separate claim against the Slovak Republic in politically-sensitive dispute over investments in for-profit health insurance.. Backgrounder: Eureko v.. Poland reaches anti-climax after notable liability award and battle over arbitrator challenge.. Advisory Committee Report offers some consensus, but many divergences, as to future of US model investment treaty.. ANALYSIS: while some debates recur, new issues also raised in US BIT review - including concerns highlighted by recent global economic crisis.. In newly unearthed award, reasons are clarified for ICSID tribunal's 2006 dismissal of claim in bitter dispute between US oil company and Trinidad Tobago.. US investors allege breach of contract and national investment law by Cambodia.. Arbitrators selected in two claims (ICSID and UNCITRAL) against Yemen.. Arbitrators selected in EVN v.. Macedonia arbitration.. 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.. October 12, 2009 (Breaking News Brief) -.. Romania prevails in $132 Million arbitration as UK investor fails to prove allegations that Prime Minister's Office requested bribe.. ANALYSIS: Arbitrators in EDF v.. Romania award grappled with attribution of responsibility for actions of state-owned firms, as well as fair and equitable treatment, umbrella clauses, and apportionment of arbitration costs.. September 24, 2009 (Breaking News Brief) -.. Tribunal awards full costs against investor for bringing a fraudulent Energy Charter Treaty claim against Turkey.. Chevron brings second treaty claim against Ecuador; new twist in multi-Billion dollar environmental dispute.. September 19, 2009 (Vol.. 15) -.. In largest NAFTA award to date, Cargill prevails in claim against Mexico.. Mexican cement company puts US Government on notice of NAFTA claim.. Belize notified of looming treaty arbitration following telecoms nationalization; generous telecoms pact agreed with previous administration haunts government.. Dominican Republic settles trio of electricity arbitrations.. Bribery testimony is not examined further as claim against Azerbaijan concludes.. Canada sets out arguments in NAFTA claim arising out of environmental assessment of quarry and shipping project.. ANALYSIS: Slow government decision-making in environmental or other contexts cited as breach of treaty obligations to foreign investors.. Second mining claim against El Salvador registered at ICSID; domestic litigation still ongoing in El Salvador.. Shareholders in shuttered battery recycling plant put El Salvador on notice of claims fore expropriation and other treaty breaches.. California company is latest to sue Egypt in resort property dispute.. September 2, 2009 (Vol.. 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; views expressed on several key debates.. Czech court overturns jurisdictional decision in BIT arbitration.. South Africa mining arbitration sees another amicus curiae intervention.. Gabon challenges arbitrator on basis of his chairing previous arbitration.. Hungary sees another compensation demand after ending power purchase deals at EU behest; Tribunal convened in UNCITRAL proceeding.. Damages awarded in one of three NAFTA sweetener arbitrations against Mexico.. Swiss-owned firm has claim registered against Macedonia at ICSID.. Siemens waives rights under arbitral award against Argentina; company's belated corruption confessions had led Argentina to seek revision of 2007 ruling.. August 18, 2009 (Breaking News Brief) -.. Turkey prevails in one of three claims arising out of termination of Uzan family-owned electricity concession; arbitrators deem claimant to have abused arbitration process.. Tribunal nixes effort by Turkey to obtain moral damages for intangible losses.. August 6, 2009 (Vol.. Arbitrators rule that Thailand denied fair and equitable treatment to German construction firm; reasonable rate of return expected, not achieved.. Thailand challenged its own nominee to Walter Bau tribunal; not the first time this has happened in BIT arbitration.. ICSID arbitrator rejects treaty claims arising in aftermath of upheaval in Albania.. Sempra asks ICSID panel to lift stay of enforcement of arbitral award in dispute with Argentina.. Will gold mine at centre of failed NAFTA expropriation claim have profitable future?.. ANALYSIS: Glamis case hinges upon definition of minimum standard under NAFTA; award is likely to fuel debates in several pending NAFTA arbitrations.. ICSID tribunal holds that Bangladesh courts overstepping their supervisory role in ICC arbitration amounts to unlawful expropriation.. Tribunal constituted in ad-hoc arbitration against Czech Republic.. Italy, Slovenia and Malta concur with Czech Republic on lack of necessity for intra-EU BITs; Italy-Czech  ...   holds that narrow arbitration clause still permits examination of expropriation allegation.. Arbitrators diverge on MFN application to dispute settlement in Spain-Russia treaty.. ANALYSIS: Ruling in Russian case could spawn further use of Russian treaties; arbitrators' reasoning may be seized upon in relation to certain Chinese treaties.. ICSID tribunal dismisses claim against Czech Republic, holding that investor restructured corporate ownership with sole intent to internationalize existing dispute; definition of qualifying ICSID investments elaborated upon.. Dow Chemicals moves forward with NAFTA arbitration against Canada over provincial ban on law pesticides.. Romania challenges arbitrator in ICSID proceeding on grounds that his law firm represents foreign investor with separate potential claim against Romania.. Poland pays award in treaty dispute with Cargill over allotment of sweetener production quotas; award remains confidential.. British Institute to host "Investment Treaties at 50: Host State Perspectives".. Columbia University to host symposium on natural resources conflicts.. April 6, 2009 (Breaking News Brief) - Click to download (free).. Award is published in Corn Products International v.. Mexico NAFTA Chapter 11 arbitration; Mexico liable for discrimination, but on several key issues, ICSID tribunal reaches different holdings than in parallel case, ADM v.. Mexico.. ANALYSIS: Arbitrators diverge as to whether Mexican tax is performance requirement, and whether states can use a counter-measures defence; differences may rekindle debate over consolidation of similar NAFTA Chapter 11 claims.. April 2, 2009 (Vol.. 6) - Click to download (free).. Tribunal affirms jurisdiction over claim by Spanish minority shareholders in Yukos oil company.. Germany facing Energy Charter Treaty claim from Swedish investor; regulatory clamp-down on coal-fired power plant at center of compensation claim.. South African mining dispute over Black Economic Empowerment headed for resolution?.. Deutsche Bank files ICSID claim against Sri Lanka; state oil company accused of defaulting on payments in oil hedging schemes; Citibank pursuing contract claim.. Award in RSM v.. Grenada energy arbitration is released; separate contract claim by RSM remains pending against Central African Republic.. ANALYSIS: Tribunal grapples with definition of investment under ICSID Convention in RSM v.. Grenada case.. financial firm discontinues Argentine claim, but reserves rights to take part in any future settlement talks.. ICSID committee asks Kazakhstan to guarantee prompt payment if annulment fails - or face requirement to post 50% of award value in escrow.. ICSID Arbitration tribunals appointed in GEA v.. Ukraine and Continental Casualty v.. Argentina (annulment) proceedings.. March 17, 2009 (Vol.. 5) - Click to download (free).. Grenada prevails in ICSID contract dispute with US energy company; New York Court dismissed separate claims brought by company alleging tortuous interference by outside parties with Grenadian contract.. Lithuania prevails in investor-state BIT claim brought by Russian regional government; ICC tribunal rules that enforcement of commercial arbitration award in Lithuania cannot be challenged as an expropriation under BIT.. European Court of Human Rights publishes decision upholding admissibility of some Yukos claims against Russia; shareholders in Yukos continue to pursue separate investment treaty claims.. South African court rules that mineral rights holders can claim for expropriation following introduction of new minerals regime; meanwhile, government about to file its written defense in international arbitration challenging same minerals regime.. Cargill asks US Court to confirm arbitral award in dispute with Poland; Poland turns to French Court in effort to vacate the same award.. ICSID Committee asks Argentina to put $75 Million into escrow if it wishes for arbitral award to remain stayed while annulment procedure is conducted.. Background on Sempra v.. Argentina ICSID case.. European Court of Justice ruling sparks broader discussion and debate on compatibility of bilateral investment treaties with European Community Law.. Arbitration tribunals appointed in Alapi v.. Turkey, Mobil v.. Canada, Caratube v.. Kazakhstan, iZee v.. Georgia, and Duke v.. Peru (annulment proceeding).. February 28, 2009 (Vol.. 4) - Click to download (free).. Details surface of jurisdictional holdings in Binder v.. Czech Republic;.. ad hoc.. tribunal saw no conflict between BITs and European Law; More recently, majority of EU member-states have taken similar view.. Clock runs out on Argentina; Vivendi likely to begin award enforcement proceedings even as annulment proceeding continues; two US gas companies also trying to enforce ICSID awards.. BIT claim against Iran by Turkcell continues to unfold under UNCITRAL rules; tribunal constituted, and challenge to Judge Brower fails.. Vivendi secures massive award against bankrupt former partner; but greater prospects for recovery of losses loom in BIT claim with Polish state.. Tribunal rectifies Continental Casualty v.. Argentina award in two respects; clarifies that Argentina did not oppose possible consultation of U.. Government on thorny question of treaty interpretation.. Canadian indigenous association writes to tribunal in support of claimants in NAFTA tobacco arbitration.. CORRECTION: More details emerge of Dominican Republic arbitrations over electricity concession; contrary to previous report, Mark Kantor replaces Thomas Walde in CAFTA arbitration, while Judge Stephen Schwebel sits in ICC contract arbitration.. 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.. Much-publicized airline nationalization dispute touches down at ICSID.. February 10, 2009 (Vol.. 3) - Click to download (free).. Foreign insurers object to Slovak Republic's health policy reversal; Dutch firm files BIT arbitration challenging new legislation that restricts health insurance to non-profit basis; second insurer declines to say whether it has followed suit.. In-Depth: Turkey resists effort by two claimants to withdraw ICSID cases in electricity company disputes; Government faces 6 treaty claims by alleged owners of assets formerly owned by Uzan business empire; tribunals in several cases agree to scrutinize ownership claims as preliminary matter.. ANALYSIS: Governments have no success in forcing claimants to post security while investment treaty arbitrations are ongoing; questions arise as to enforceability of costs orders against claimants awarded at conclusion of cases.. Tribunal selected to hear NAFTA claim between Canada and US investors in proposed quarrying and shipping scheme; claimants say Canada's environmental review process was arbitrary and unfair.. Briefs exchanged in Grand River Enterprises, et.. al.. USA; NAFTA Chapter 11 arbitration arises out of tobacco dispute.. ANALYSIS: International human rights law arguments figure prominently as claimants and U.. exchange briefs in dispute over Canadian indigenous tribe?s tobacco enterprise.. UNCITRAL arbitration between Greek shipping company and Ukraine quietly moves forward.. Book published by.. contributor Prof.. Andrew Newcombe and Lluis Paradell.. Columbia Foreign Investment Centre releases sign-on letter on FDI governance.. January 22, 2009 (Vol.. 2) - Click to download (free).. Canada files first written defence in NAFTA dispute over phase-out of hazardous agro-chemical Lindane.. ANALYSIS: Canada and US chemical company debate whether ban on Lindane amounts to expropriation or denial of Minimum Standard of treatment; Canada sets out views on Police Powers and regulatory standstill.. 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, separate arbitration process for stability contracts, and some recourse to local administrative remedies.. Arbitrators decline Guatemala's request for clarification of jurisdictional ruling in CAFTA railway dispute; however, arbitrators make clear that claimants cannot pursue claims related to squatter interference with railway and dispute payments into railway trust fund; claimant may be able to claim denial of justice by virtue of local courts' failure to remedy alleged squatter and trust fund violations.. Azerbaijan settles ICSID arbitration with Fondel; witness testimony on bribery in Azpetrol case continues to cast shadow over that claim, as parties clash over whether a settlement had been agreed in that case.. Claimant thwarted at ICSID pursues contract-based arbitration at Dubai International Arbitration Center.. Russian Federation seeks to overturn jurisdictional award in claim brought by Yukos shareholders; merits phase of arbitration continues to move forward.. Tribunal constituted in Stockholm Chamber of Commerce arbitration; Mercuria accuses Poland of breaching Energy Charter Treaty.. January 5, 2009 (Vol.. 1) - Click to download (free).. Divided ICSID Tribunal rules that corporate veil must be pierced so as to determine if a foreigner controls corporation embroiled in dispute with Argentina; majority peers beyond the surface of Dutch ownership to find that Argentine owner sits at top of ownership chain, thus disqualifying arbitration claim.. ANALYSIS: majority decision to pierce corporate veil in TSA v.. Argentina case conjures memories of other cases where investors have used off-shore incorporation in order to sue their own state at ICSID; however, key difference distinguishes these cases.. Canadian generic pharmaceutical maker files notice of arbitration against United States; Apotex alleges that U.. courts misapplied law to detriment of firm's bid to launch generic version of popular anti-depressant medication, Zoloft.. ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute; Article 41(5) permits claims to be challenged on grounds they are manifestly without legal merit,.. Ecuador reportedly settles ICSID arbitration with Noble Energy over electricity dispute.. Replacement arbitrator appointed in TCW v.. Dominican Republic CAFTA arbitration over electricity investment.. ICSID declines request by Canada to discontinue claim filed by Exxon-Mobil on grounds of inactivity; Claimants nominates former WTO Appellate Body member as arbitrator.. UNCTAD to host intergovernmental expert meeting on the "Development Dimension of International Investment Agreements" on 10-11 February 2009 in Geneva.. ICSID registers claim by European telecoms company against Senegal..

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  • Title: PDF Editions 2008 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2008.. 2 0 0 8.. December 17, 2008 (Vol.. 1, No.. 17).. Peru prevails in arbitration over contractual stability agreement; ICSID panel rules that investor was promised stabilization of existing laws, not a future guarantee against any discriminatory treatment; in related development, Peru moves to annul earlier award in favour of Duke Energy.. UK electricity company wins UNCITRAL arbitration with Argentina; Argentina's necessity defence is rejected, but tribunal rules that foreign investor had no legitimate expectation to stability during 6 month peak of crisis.. ANALYSIS: Tribunal in National Grid v.. Argentina finds no expropriation or discrimination, but "fair and equitable treatment" and "protection and constant security" obligations are breached.. Overview: Where things stand with Argentina and its many investment treaty arbitrations.. Siemens, and its Argentine subsidiary, plead guilty to certain breaches of Foreign Corrupt-Practices Act (FCPA) in deal that brings US bribery investigation to a close; implications for ICSID arbitration with Argentina remain unclear, as information emerges of secret commercial arbitration over allegedly illicit payments.. Emboldened by interim measures order in Mongolian windfall case, investors in Ecuador's energy sector ask arbitrators to OK payment of windfall taxes into special escrow fund rather than into state coffers.. US investor files for arbitration against Georgia pursuant to US-Georgia BIT; meanwhile, tribunal in separate ICSID arbitration between Itera gas company and Georgia is constituted.. ICSID registers new arbitrations against Gabon and Egypt.. December 11, 2008 (Vol.. 16).. ICSID tribunal declines jurisdiction over claim by German investor against Argentina; Arbitrators refuse to permit Wintershall to invoke Most-Favored Nation clause in Germany-Argentina BIT in order to access the arbitration provisions in the US-Argentina BIT.. Director of Canada's arbitration branch stepping away from role as counsel in NAFTA Chapter 11 arbitrations; speculation mounts that Meg Kinnear may be nominated as Secretary-General of ICSID.. Croatia prevails in confidential arbitration with Canadian investor; claimant argued unsuccessfully that his investments in office equipment venture were treated contrary to Canada-Croatia investment treaty.. ICSID tribunal will permit European Commission to file legal brief in Energy Charter Treaty arbitration.. Tribunal to hear Chevron's claim that Ecuador lacks judicial independence; Ecuador charges that investment treaty arbitration is designed to undermine faith in Ecuadorian courts as they wrestle with environmental pollution claims.. Recent investment treaty arbitration related articles.. South African Development Community tribunal rules that Zimbabwe land reform process breaches regional treaty; treaty obligations to uphold rule of law and refrain from discrimination are breached; right of compensation also breached.. ANALYSIS: Enforceability of SADC judgment against Zimbabwe unclear, but judgment will doubtless be tabled in ongoing ICSID arbitration; claim for moral damages could invite comparison of differing valuation of such damages by earlier ICSID tribunals and human rights courts.. US subsidiary of Canadian mining firm files CAFTA Notice of Intent to arbitrate against El Salvador; Pacific Rim complains of delays in approving environmental impact plan and issuing exploitation permit.. November 25, 2008 (Vol.. 15).. Court documents reveal that Indian investor filed treaty claim against UK government in 2006; Foreign Office views UNCITRAL-based disputes as confidential and declines to disclose their existence.. ICSID tribunal rules that a 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; MFN used to import obligations from other treaties; "full protection and security" is less demanding obligation in cases of severe civil unrest.. German investor files request for arbitration in forestry dispute with Czech Government; Czech Republic says that claim appears to overlap with similar dispute involving a Luxembourg investor.. German firm sues Ukraine under BIT; claimant complains of failure to enforce ICC arbitral award, and of malfeasance on part of state-owned petrochemical complex.. Tribunal rejects Guatemala's objection to jurisdiction in CAFTA railroad dispute; arbitrators rule that partially defective waiver of local claims is not grounds for denying jurisdiction over entire case.. 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.. November 12, 2008 (Vol.. 14).. Editor's Note: rounding up some of this issues' stories.. Egypt prevails in ICSID arbitration over Suez canal dredging dispute; Acts of Suez Canal Authority not attributable to state; No denial of justice found,.. Argentina ordered to provide heightened written assurances of prompt payment of award in long-running investment treaty dispute with Vivendi.. Claimant in garbage disposal dispute with Canada seeks closed-door hearings and wants potential amicus curiae to pay $25,000 fee; tribunal postpones decision on hearing questions, while ratifying choice of parties to release many other documents to the public.. Claimant and Canada exchange arguments in claim brought by US citizen for alleged expropriation of waste disposal business; Canada questions whether US citizen has invested in scheme which had been long understood to have been driven by Canadian investors.. Bolivia settles bilateral investment treaty arbitration with Ashmore Energy over nationalization of key pipeline; Stockholm based arbitration is terminated; meanwhile tensions with US lead to withdrawal of trade preferences, but not BIT.. Kazakhstan seeks to annul $125 Million ICSID award in dispute over cellular telecoms investment; IAReporter reviews other known BIT arbitrations including outcome of AIG, Biedermann, CCL cases, and rounds-up pending claims under BITs and Foreign Investment Law.. Tribunal in CAFTA railway arbitration denies broad request for evidence preservation.. Italian construction firm sues Argentina over highway privatization toll dispute.. Cellular firm turns to ICSID in fight with Senegal.. German investor threatens ICSID action in dispute with Turkmenistan.. Danish hotel company, Helnan, seeks to annul award in its dispute with Egypt.. October 22, 2008 (Vol.. 13).. Dow Chemicals puts Canada on notice of arbitration over lawn pesticides ban.. ANALYSIS: stricter chemicals regulations by Canada attract NAFTA lawsuits.. Swiss investor prevailed in 2003 in confidential BIT arbitration over South Africa land dispute; award remains unpublished, but IAReporter investigation unearths significant details about arbitration outcome.. Miner's claim against South Africa moves forward slowly; Written pleadings not released to public; ICSID authorized to provide basic information on case to outside interests seeking to intervene.. Tribunal finalized in ETI v.. Bolivia arbitration; case to be closely watched as it arose after Bolivia notified ICSID of its withdrawal from the ICSID system.. BIT arbitration quietly pursued by Swiss claimant against Republic of Uzbekistan in long-running dispute over payment for grain shipment; arbitrators may explore whether sales contract constitutes a foreign investment; similar question arose in earlier arbitrations with Kyrgyzstan, and investor in that dispute continues to seek payment for breach of treaty.. Popular professor, expert and arbitrator passes away.. Round-up of selected recent publications on international investment law.. October 9, 2008 (Vol.. 12).. UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also proceeding; disputes arise out of energy crisis in Dominican Republic and alleged failure of state to subsidize electricity and ensure bill payments.. ANALYSIS 1: Multi-layered corporate structure and purchase of assets for a nominal $2 do not preclude French investor Societe Generale's ability to pursue claim for breach of BIT against the Dominican Republic.. ANALYSIS 2: Tribunal in Societe Generale - Dominican Republic case rejects treaty-retroactivity argument advanced by investor; tribunal also holds that its jurisdiction is determined by the date on which the French firm  ...   claim against Poland under Energy Charter Treaty; Poland has faced at least 8 other treaty arbitrations.. ICSID tribunal upholds jurisdiction in Vannessa Ventures v.. Venezuela arbitration; Canadian firm claims breaches of Canada-Venezuela BIT in relation to alleged expropriation of mining concession.. Mexico's CEMEX announces arbitration against Venezuela over nationalized cement enterprise.. August 7, 2008 (Vol.. 7).. Editor's Note: What's inside this issue.. Kazakhstan to pay $125 Million, plus sizable interest for breach of treaty protections owed to Turkish telecoms firms Telsim and Rumeli; jurisdiction to hear ICSID arbitration had been opposed by Kazakhstan in light of fraud scandal engulfing former owners, and subsequent take-over of claimants by a Turkish state agency.. IN-DEPTH: Multiple treaty breaches claimed by Telsim and Rumeli, several of which rely on MFN clause; tribunal finds breach of fair and equitable treatment and expropriation provisions.. Divided ICSID tribunal declines jurisdiction over treaty claim by US investor against Democratic Republic of the Congo.. Remaining members of tribunal in EDF v.. Argentina case reject challenge to Prof.. Gabrielle Kaufmann-Kohler; challenge decision echoes outcome in another set of challenges in ICSID cases between Argentina and multinational water companies; tribunal subsequently confirms jurisdiction over claim by EDF and its co-claimants.. Argentina faces a third investment treaty claim by hold-out bond-holders; Process of agreeing tribunal members in other cases was protracted; Experts differ as to prospects for debt-holders to challenge Argentina's default and subsequent partial-offer of compensation.. ICSID tribunal declines to update damages owing in LG E - Argentina case; US gas company won $57 Million in 2007 for losses from 2000 to early 2005, but tribunal holds "supplementary decision" process is not appropriate means for claiming further damages.. Ecuador settles ICSID-based contract arbitration with City Oriente; Claim was the first of several arbitrations to challenge Ecuador's imposition of windfall royalties on oil sector.. Working Group explores interface between foreign investment and sustainable development in Latin America.. July 28, 2008 (Vol.. 6).. Editor's Note: round-up of this edition's contents.. In an unusual outcome, Tanzania held to have violated treaty protections owed to foreign water services company, Biwater Gauff, but no damages flow from these breaches; ICSID tribunal holds that firm's ill-managed operation of Dar es Salaam water supply had brought company to brink of collapse by the time Tanzanian Government actions served to breach UK-Tanzania investment treaty.. IN-DEPTH: Tanzania's handling of City Water deemed an expropriation; tribunal finds project was worthless by time of expropriation.. IN-DEPTH: Other treaty breaches, including of the Fair and Equitable Treatment standard, upheld in Biwater Gauff (Tanzania) Ltd.. Republic of Tanzania.. CONTRACT ARBITRATION: ICSID proceeding between Tanzanian state electric authority and Malaysian-controlled power producer is disinterred, as disputes flare as to payment and performance under power contract; Tanzania entity failed in earlier bid to void contract on grounds of alleged bribery.. Argentina and Siemens asks annulment committee to suspend proceedings, following request by Argentina for revision of arbitral award in light of recent evidence of alleged bribes paid by German firm Siemens; Argentina was ordered to pay $217+ Million in compensation in 2007 judgment for breach of Germany-Argentina BIT, but has long maintained that arbitrators should have explored allegations of bribery.. investors make good on threat to launch NAFTA claim against Canada over conduct of environmental assessment process; proposal for basalt quarry and oceanic-shipping from coastal province of Nova Scotia to U.. was nixed.. July 16, 2008 (Vol.. 5).. Editor's note: A brief run-down of our stories.. 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 held to have discriminated against US agricultural firm in allotment of sweetener quotas; Arbitrators reject several other alleged treaty breaches - including breach of legitimate expectations - and award Cargill $16.. 3 Million (plus interest) of $150 Million+ claimed; Poland imposed production quotas in lead-up to joining European Union, leading to breach of investment protections.. Advocate General sides with European Commission in its bid to have European Court of Justice declare Austria and Sweden in violation of EU law for failure to remedy "incompatibility" of earlier BITs and EU law.. 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.. IN-DEPTH: Award in ADM TLIA v.. Mexico finds discrimination and imposition of prohibited performance requirements, but no expropriation.. July 1, 2008 (Vol.. 4).. 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 as disputes come to close.. Namibian Government appeals expropriation case to Supreme Court in effort to overturn High Court ruling in favour of German landholders asserting property rights and investment treaty protections.. makes eastern push as investment treaty talks opened with China, Vietnam, India - and promised with Russia.. Two treaty claims by BP and Pan-American against Argentina to be dropped; proceedings had been suspended for some time, as parties pursued amicable settlement; earlier jurisdictional rulings had stoked umbrella clause debate.. Czech Republic continues efforts to overturn confidential jurisdictional ruling in BIT arbitration with German investor; Prague Court to hear arguments as to incompatibility with EU law, as arbitral proceeding continues in BIT dispute.. June 18, 2008 (Vol.. 3).. A first unconditional ICSID win for Argentina, as Chilean investors fail to make out claim arising out of financial crisis.. Challenge to ICSID arbitrator fails on basis of alleged lack of independence arising from concurrent arbitral appointments by the same government.. UNCITRAL Member-Governments convene in New York as Canada renews push for transparency.. After 40+ years, ICSID to have its own full-time Secretary General.. 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.. June 3, 2008 (Vol.. 2).. New Challenge to arbitrator fails in Argentine water arbitrations; non-executive directorship of Swiss bank with shareholdings in Suez and Vivendi not deemed grounds for disqualification.. IN-DEPTH: Co-arbitrators see connections between arbitrator and claimants as too tenuous and remote to justify disqualification bid.. Schedule set for chemical company's case against Canada; hearings to be closed to public.. Single ICSID tribunal will consolidate contract, treaty, and investor-state agreement claims of US energy generation firm against Ecuador.. TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration.. Filings in South Africa Mining arbitration pushed back two months.. Claimants file revision bid in Pey v.. Chile arbitration at ICSID.. British Institute to host discussion on European Union BITs and EU law.. May 16, 2008 (Vol.. 1).. Publisher's Note: About this publication.. Venezuela surprises the Netherlands with termination notice for BIT.. ICSID's longest-running claim is resolved as newspaper owner prevails in dispute with Chile.. Russian gold miner pursues arbitration over Mongolia windfall tax.. Kyrgyz Republic settles BIT claim with UK miner, Oxus.. ICSID tribunal dismisses Romania's objections to investor's corporate structure.. ANALYSIS: ICSID open where BITs set loose nationality tests..

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  • Title: Investment Arbitration Reporter (IAReporter)
    Descriptive info: Oops! Please fill out the following fields: (name, email address, message, Invalid email address)Please.. Please log in.. To access this secure area, you need to log in with your email address and password.. Email.. Password.. Passwords are CaSe-SeNsItIvE.. Remember Me.. Forgotten your password?..

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  • Title: Anglo-American invokes treaty protections in new arbitration with Venezuela - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Anglo-American invokes treaty protections in new arbitration with Venezuela.. publication date:.. Apr 14, 2014.. Can't view this article? If you are a subscriber, and we have your IP addresses on file, you MUST click on the subscriber log-in button in the top-left corner of this page.. This will ensure you are "recognized".. If you are a subscriber, and you use a log-in ID and password for the site, please click.. here.. If you are NOT a subscriber, why not join today? Learn more about.. subscriber benefits.. Click here to join..

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  • Title: As transparency rules take effect, and UN launches case registry, how much of ISDS universe will be laid open through this new portal? - Investment Arbitration Reporter (IAReporter)
    Descriptive info: As transparency rules take effect, and UN launches case registry, how much of ISDS universe will be laid open through this new portal?.. Apr 1, 2014..

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  • Title: Montenegro rebuffs investor allegations, after two claims are lodged in relation to aluminium venture - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Montenegro rebuffs investor allegations, after two claims are lodged in relation to aluminium venture.. Mar 25, 2014..

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  • Title: Majority in Peru banking crisis case says that savvy investor should have known of the strengths and weaknesses of Peruvian institutions - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Majority in Peru banking crisis case says that savvy investor should have known of the strengths and weaknesses of Peruvian institutions.. Mar 5, 2014..

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  • Title: New Works on International Investment Law and Arbitration - Oct 2013 to Feb 2014 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: New Works on International Investment Law and Arbitration - Oct 2013 to Feb 2014.. Feb 28, 2014.. Previous.. |.. Next..  .. By Prof.. Andrew Newcombe, Faculty of Law, University of Victoria, and.. Sami Yasin, Faculty of Law, McGill University.. Books:.. Mining Contracts: How to Read and Understand Them.. (VCC et al.. , December 2013), online: (2013) VCC (.. Click here for online version.. Saverio Di Benedetto,.. International Investment Law and the Environment.. (Edward Elgar Publishing, December 2013).. Albert Jan van den Berg,.. International Arbitration: The Coming of a New Age.. (Wolters Kluwer, October 2013).. Tushar Kumar Biswas,.. Introduction to Arbitration in India: The Role of the Judiciary.. (Kluwer Law International, January 2014).. Marc Bungenberg, Jörn Griebel, Stephan Hobe and August Reinisch,.. International Investment Law: A Handbook.. (Beck/Hart Publishing, forthcoming March 2014).. Lorenzo Cotula,.. Foreign Investment Law and Sustainable Development: A Handbook on Agriculture and Extractive Industries.. (International Institute for Environment and Development, November 2013), online: (November 2013) IIED (.. Ahmad Ali Ghouri,.. Law and Practice of Foreign Arbitration and Enforcement of Foreign Arbitral Awards in Pakistan.. (Springer, 2013).. Gus van Harten,.. Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration.. (Oxford University Press, October 2013).. Jorge A.. Huerta-Goldman, Antoine Romanetti and Franz X.. Stirnimann,.. WTO Litigation, Investment Arbitration and Commercial Arbitration.. (Wolters Kluwer, 2013).. Sonia Rodríguez Jiménez and Herfried Wöss (eds.. ),.. Foro de Arbitraje en Materia de Inversión: Tendencias y Novedades, Instituto de Investigaciones.. (UNAM, 2013), online: (2013) Biblioteca Jurídica Virtual, UNAM (.. Daniel de Andrade Levy, Ana Gerdau de Borja and Adriana Noemi Pucci,.. Investment Protection in Brazil.. (Wolters Kluwer, November 2013).. Bryan Mercurio and Kuei-Jung Ni,.. Science in International Economic Law: Balancing Competing Interests.. (Routledge, December 2013).. Robert Merkin and Louis Flannery,.. Arbitration Act 1996.. (Routledge, 5th ed.. , forthcoming February 2014).. Kate Miles,.. The Origins of International Investment Law Empire, Environment and the Safeguarding of Capital.. (Cambridge University Press, October 2013).. Sexena Achintya Nath,.. Expropriation Under International Investment Law.. (Lambert Academic Publishing, 2013).. Karl P.. Sauvant, Padma Mallampally and Geraldine McAllister (eds.. Inward and Outward FDI Country Profiles.. (VCC, 2.. nd.. ed.. , October 2013), online: (2013) VCC (.. Krista Nadakavukaren Schefer,.. International Investment Law: Text, Cases and Materials.. (Edward Edgar Publishing, 2013).. Hakeem Seriki,.. Injunctive Relief and International Arbitration.. (Routledge, forthcoming June 2014).. S.. I.. Strong,.. Class, Mass, and Collective Arbitration in National and International Law.. Leon Trakman and Nicola Ranieri,.. Regionalism in International Investment Law.. (Oxford University Press, 2013).. Tullio Treves, Francesco Seatzu and Seline Trevisanut (eds.. Foreign Investment, International Law and Common Concerns.. (Routledge, September 2013).. Herfried Wöss, Adriana San Román Rivera, Pablo T.. Spiller and Santiago Dellepiane,.. Damages in International Arbitration under Complex Long-term Contracts.. (Oxford University Press, forthcoming, March 2014).. Book Chapters:.. Anne van Aaken, Control Mechanisms in International Investment Law In Zachary Douglas, Joost Pauwelyn, and Jorge E.. Viñuales (eds.. The Foundations of International Investment Law: Bringing Theory Into Practice.. (Oxford University Press, forthcoming 2014); U.. of St.. Gallen Law Economics Working Paper No.. 2013-23, online: (December 2013) SSRN (.. Eric De Brabandere, Arbitral Decisions as a Source of International Investment Law In Tarcisio Gazzini and Eric De Brabandere (eds.. International Investment Law.. The Sources of Rights and Obligations.. (Martinus Nijhoff Publishers, 2012); Leiden Law School Research Paper (forthcoming), online: (January 2014) SSRN (.. Hanoch Dagan, Expropriatory Compensation, Distributive Justice, and the Rule of Law In H.. Mostert LCA Verstappen,.. Rethinking Public Interest in Expropriation Law.. , (forthcoming 2014), online: (October 2013) SSRN (.. Donald Francis Donovan, Provisional Measures in the ICJ and ICSID: Further Dialogue and Development In Arthur W.. Rovine,.. Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2012.. (Martinus Nijhoff, October 2013).. Ilze Dubava, The Future of International Investment Protection Law: The Promotion of Sustainable (Economic) Development as a Public Good In Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R.. Zieler (eds.. Reflections on the Constitutionalisation of International Economic Law.. (Martinus Nijhoff Publishers, December 2013).. Michael Ewing-Chow, Coherence, Convergence and Consistency in International Investment Law In Roberto Echandi Pierre Sauvé (eds.. Prospects in International Investment Law and Policy.. (Cambridge University Press, 2013).. Hans Morten Haugen, Trade and Investment Agreements: What Role for Human Rights in International Economic Law? In Gilles Giacca, Eibe Riedel and Christophe Golay (eds.. Contemporary Challenges in the Realization of ESC Rights.. (Oxford University Press, forthcoming March 2014), online: (October 2013) SSRN (.. Barton Legum and Gauthier Vannieuwenhuyse, Document Disclosure in Investment Arbitration In Arthur W.. Audrey Macklin, Extractive Industries, Human Rights, and the Home State Advantage: A Governance Framework In Penelope Simons and Audrey Macklin,.. The Governance Gap: Human Rights, Extractive Industries, and the Home State Advantage.. (Routledge, forthcoming 2014), online: (October 2013) SSRN (.. Manuel Penades, La Comisión Europea como Amicus Curiae en el Arbitraje de Inversiones (The European Commission as Amicus Curiae in Investment Arbitration) In E.. Vázquez Gómez, M.. D.. Adam Muñoz N.. Cornago Prietao (coord.. El Arreglo Pacífico de Controversias Internacionales, Tirant lo Blanch.. (Valencia, 2013), online: (October 2013) SSRN (.. Yannick Radi, The Tripartite Dimension of Conflicts of Interests - Workers, Foreign Investors and Host States in the Energy Sector In E.. de Brabandere, T.. Gazzini (eds.. Foreign Investment in the Energy Sector: Balancing Private and Public Interests.. (Martinus Nijhoff Publishers, forthcoming); Grotius Centre Working Paper 2013/010-IEL; Leiden Law School Research Paper (forthcoming), online: (November 2013) SSRN (.. Matthew Rimmer, Plain Packaging for the Pacific Rim: The Trans-Pacific Partnership and Tobacco Control In Tania Voon (ed.. Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement.. (Edward Elgar, 2013), online: (December 16, 2013) SSRN (.. Catherine A.. Rogers, Gamblers, Loan Sharks Third-Party Funders In Catherine A.. Rogers,.. Ethics in International Arbitration.. (Oxford University Press, forthcoming 2014), online: (October 2013) SSRN (.. Giorgio Sacerdoti, Diplomatic Conciliation of Investment Disputes: The Italian-Swiss Controversy on Secondary Residences in Engadine (1990 1992) and Its Lessons In Marise Cremona, Peter Hilpold, Nikos Lavranos, Stefan Staiger Schneider and Andreas R.. Philippe Sands, Conflict and Conflicts in Investment Treaty Arbitration: Ethical Standards for Counsel In Arthur W.. Christoph Schreuer, Nationality Planning In Arthur W.. Strong, Limits of Autonomy in International Investment Arbitration: Are Contractual Waivers of Mass Procedures Enforceable? In Arthur W.. Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2013.. (Martinus Nijhoff, forthcoming 2014); University of Missouri School of Law Legal Studies Research Paper No.. 2013-30, online: (December 2013) SSRN (.. Seline Trevisanut, Foreign Investments in the Offshore Energy Industry: Investment Protection v.. Energy Security v.. Protection of the Marine Environment In T.. Treves, F.. Seatzu and S.. Trevisanut (eds.. Tania S.. Voon and Andrew D.. Mitchell, Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong Kong Australia BIT In Tania Voon et al (eds.. Public Health and Plain Packaging of Cigarettes: Legal Issues.. (Edward Elgar, 2012), online: (January 2014) SSRN (.. Jarrod Wong, The Mis-Apprehension of Moral Damages in Investor-State Arbitration In Arthur W.. Sam Wordsworth, Some Thoughts on Applicable Law and Interpretation In Arthur W.. Chien-Huei Wu, The Many Faces of States in International Investment Law: Supranational Organizations, Unrecognized States and Sub-State Entities In Shaheeza Lalani and Rodrigo Polanco (eds.. The Role of the State in Investor-State Arbitration.. (Martinus Nijhoff, forthcoming 2014), online: (January 2014) SSRN (.. Articles:.. Anne van Aaken, Behavioral International Law and Economics 55 Harvard International Law Journal (forthcoming, Summer 2014); U.. 2013-21, online: (October 2013) SSRN (.. Frederick M.. Abbott, The Political Economy of NAFTA Chapter Eleven: Equality Before the Law and the Boundaries of North American Integration 23 Hastings International and Comparative Law Review 303 (2000), online: (December 2013) SSRN (.. Aderonke Adejugbe, Foreign Direct Investment in Nigeria; Overcoming Legal and Regulatory Challenges to Foreign Direct Investments in Nigeria: Is the Nigerian Government Doing Enough? online: (November 2013) SSRN (.. Collins C.. Ajibo, Legitimacy Challenges in Investor-State Arbitration Interpretative Principles: Reflecting on a Balancing Tool 10(3) Manchester Journal of International Economic Law 382 (2013).. Todd Allee and Clint Peinhardt, Evaluating Three Explanations for the Design of Bilateral Investment Treaties 66(1) World Politics 47 (January 2014).. Jose Daniel Amado, From Investors Arbitration to Investment Arbitration: A Mechanism for Allowing the Participation of Host State Populations in the Settlement of Investment Conflicts University of Cambridge Faculty of Law Research Paper No.. 8/2014, online: (January 2014) SSRN (.. Alvaro Antoni and Michael Ewing-Chow, Trade and Investment Convergence and Divergence: Revisiting the North American Sugar War 1(1) Latin American Journal of International Trade Law 315 (2013).. Jude Antony, Umbrella Clauses Since SGS v.. Pakistan and SGS v.. Philippines A Developing Consensus 29(4) Arbitration International 607 (2013).. Shiro Patrick Armstrong, Jürgen Kurtz, Luke R.. Nottage and Leon Trakman, The Fundamental Importance of Foreign Direct Investment to Australia in the 21st Century: Reforming Treaty and Dispute Resolution Practice Sydney Law School Research Paper No.. 13/90, online: (December 2013) SSRN (.. Eustace Azubuike, The Place of Treaties in International Investment 19 Ann.. Surv.. Int'l Comp.. L.. 155 (2013), online: Golden Gate University School of Law (.. Larry Cata Backer, Sovereign Investing and Markets-Based Transnational Rule of Law Building: the Norwegian Sovereign Wealth Fund in Global Markets 29 Am.. Int'l L.. Rev.. 1 (2013).. Nigel Bankes, et al.. , International Trade and Investment Law and Carbon Management Technologies 53 Nat.. Resources J.. 285 (2013), online: (November 2012) SSRN (.. Vivienne Bath and Luke R.. Nottage, The ASEAN Comprehensive Investment Agreement and ASEAN Plus The Australia-New Zealand Free Trade Area (AANZFTA) and the PRC-ASEAN Investment Agreement Sydney Law School Research Paper No.. 13/69, online: (January 2014) SSRN (.. Alexander J.. Belohlavek, Energy Security and Energy Sovereignty from the Investment Protection Perspective: International Law, EU Law and National Policies 2(1) Journal of International Trade and Arbitration Law 3 (2013), online: (October 2013) SSRN (.. Lucas Bento, Time to Join the bit club ? Promoting and Protecting Brazilian Investments Abroad 24 Am.. Int'l Arb.. 271 (2013).. Katharina Berner, Reconciling Investment Protection and Sustainable Development A Pledge for an Interpretive U-Turn online: (October 2013) SSRN (.. Daniel J.. Blake, Thinking Ahead: Government Time Horizons and the Legalization of International Investment Agreements 67(4) International Organization 797 (2013), online: New York University (.. Stavros L.. Brekoulakis, International Arbitration Scholarship and the Concept of Arbitration Law 36 Fordham Int'l L.. J.. 745 (2013), online: (February 2013) SSRN (.. Marc Burgenberg and Catharine Titi, Developments in International Investment Law 4 European Yearbook of International Economic Law 441 (2013).. Tim Büthe and Helen V.. Milner, Foreign Direct Investment and Institutional Diversity in Trade Agreements: Credibility, Commitment, and Economic Flows in the Developing World, 1971 2007 66(1) World Politics 88 (January 2014), online: (March 2011) SSRN (.. Tai-Heng Cheng, The Role of Justice in Annulling Investor-State Arbitration Awards 31 Berkeley J.. 236 (2013), online: BJIL (.. Guillermo Rodrigo Corredor, Inversión Extranjera Directa: Incertidumbre Del Efecto Derrame En Materia De Innovación Y Su Implicación En Eventuales Controversias Relacionadas Con La Protección De Activos Intangibles (Foreign Direct Investment: Ambiguity about Spillover Effects on Innovation and Possible Implications in the Field of Investor-State Disputes Relating to the Protection of Intangible Assets)  ...   Queen Mary School of Law Legal Studies Research Paper No.. 164/2013, online: (November 2013) SSRN (.. Christian Schliemann, Requirements for Amicus Curiae Participation in International Investment Arbitration A Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/151 , 12(3).. The Law and Practice of International Courts and Tribunals.. (2013).. Priscilla Schwartz, Capitalism, International Investment Law and the Development Conundrum 6(2) Law and Development Review (2013).. Beth A.. Simmons, Bargaining over BITs, Arbitrating Awards: The Regime for Protection and Promotion of International Investment 66(1) World Politics 12 (January 2014).. Badrinath Srinivasan, UNCITRAL Arbitration Rules, 2010: Comment on Certain Revisions 2(2) Indian Journal of Arbitration Law (2013), online: (December 2013) SSRN (.. Strong, Discovery under 28 U.. Section 1782: Distinguishing International Commercial Arbitration and International Investment Arbitration 1 Stanford J.. Complex Litig.. 295 (2013), online: (May 2013) SSRN (.. Strong, Rogue Debtors and Unanticipated Risk 35 University of Pennsylvania Journal of International Law (forthcoming 2014); University of Missouri School of Law Legal Studies Research Paper No.. 2014-04, online: (January 2014) SSRN (.. Edna Sussman, The Advantages of Mediation and the Special Challenges to Its Utilization in Investor State Disputes online: (December 2013) SSRN (.. Leon Trakman, China and Foreign Direct Investment: Does Distance Lend Enchantment to the View? Chinese Journal of Comparative Law 1 (2013); UNSW Law Research Paper No.. 2013-73, online: (October 2013) SSRN (.. Todd Tucker, Investment Agreements versus the Rule of Law? UNCTAD-IPFSD-Forum Discussion Paper 9 (October 2013), online: (January 2014) SSRN (.. Elisabeth Tuerk and Diana Rosert, UNCTAD s Role in Addressing International Investment Trends and Challenges 4 European Yearbook of International Economic Law 537 (2013).. Valentina Vadi and Lukasz Gruszczynski, Standards of Review in International Investment Law and Arbitration: Multilevel Governance and the Commonweal 16 J.. Int'l Econ.. 613 (2013).. Paolo Vargiu and Fiammetta Borgia, When Investment Law Takes Over: Towards a New Legal Regime to Regulate Asia Pacific's Submarine Cables Boom University of Leicester School of Law Research Paper No.. 13-13, online: (November 2013) SSRN (.. Michael Waibel, Coordinating Adjudication Processes University of Cambridge Faculty of Law Research Paper No.. 6/2014, online: (January 2014) SSRN (.. Peng Wang, Networked Judicial Governance in International Investment Regulation SRIICL Working Paper No.. 2013-10, online: (October 2013) SSRN (.. Peng Wang, Piercing Corporate Veil in ICSID: Approaches and Reconciliation Chinese Society of International Economic Law, 2013 Annual Meeting, Xi'an China, online: (October 2013) SSRN (.. Nancy A.. Welsh and Andrea Kupfer Schneider, The Thoughtful Integration of Mediation into Bilateral Investment Treaty Arbitration 18 Harv.. Negotiation L.. 71 (2013).. Jan Wouters and Anna-Luise Chané, Multinational Corporations in International Law KU Leuven Working Paper No.. 129, online: (December 2013) SSRN (.. Andreas R.. Zielgler, The New Competence of the European Union in the Area of Foreign Direct Investment (FDI): A Third Country Perspective Special Issue: Common Commercial Policy after Lisbon, European Yearbook of International Economic Law 235 (2013).. Book/Article Reviews:.. Rhea Tamara Hoffmann, Book Review: International Investment Law and Comparative Public Law by Stephan W.. Schills (ed.. ) 4 European Yearbook of International Economic Law 583 (2013).. Moritz Keller, Book Review: Calculation of Compensation and Damages in International Investment Law by Irmgard Marboe 4 European Yearbook of International Economic Law 559 (2013).. Jonathan Ketcheson, Book Review: The International Minimum Standard and Fair and Equitable Treatment by Martins Paparinskis British Yearbook of International Law (November 2013).. Michael Kirby, Book Review: Regionalism in International Investment Law, by Leon E Trakman and Nicola W Ranieri (eds.. )" UNSWLawJl 37 (2013); 36(3) University of New South Wales Law Journal 985 (2013), online: UNSW (.. Christian J.. Tams, Book Review: Streitschlichtungsklauseln in Investitionsschutzabkommen.. Zur Notwendigkeit der Differenzierung Von jurisdiction und Admissibility in Investitionsschiedsverfahren by Lars Markert 4 European Yearbook of International Economic Law 557 (2013).. Alisher Umirdinov, Book Review: The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context by Todd Weiler British Yearbook of International Law (November 2013).. Case Comments:.. David Collins, Review of 2013 International Centre for Settlement of Investment Disputes (ICSID) Decisions 10(3) Manchester Journal of International Economic Law 423 (2013).. Solomon Ebere and Blerina Xheraj, Who Decides Arbitrability Where a Precondition to Arbitration Has Not Been Satisfied?: A Comment on the U.. Supreme Court s Decision to Hear the Appeal in BG Group v.. Argentina 31(1) Journal of International Arbitration 101 (2014).. Ryan Nichols, Read between the Lines: Considering the Party Agreement when determining Arbitrability in Bilateral Investment Treaties.. (Republic of Argentina v.. BG Group PLC, 764 F.. Supp.. 2d 21, 2011, rev'd, 665 F.. 3d 1363, 2012.. ) J.. 233 (2013).. Rathin Somnath, Denial of Justice Claim in Investment Treaty Arbitration: An Analysis of the Vodafone Case online: (October 2013) SSRN (.. ICSID Review Foreign Investment Law Journal.. Claudia Annacker, Protection of Sovereign Wealth: Book Review of Sovereign Investment: Concerns and Policy Reactions/edited by Karl P Sauvant, Lisa E Sachs and Wouter PF Schmit Jongbloed ICSID Review - Foreign Investment Law Journal (December 2013).. Silvia Constain, Mediation in Investor State Dispute Settlement: Government Policy and the Changing Landscape ICSID Review - Foreign Investment Law Journal (December 2013).. Roberto Echandi and Priyanka Kher, Can International Investor State Disputes be Prevented? Empirical Evidence from Settlements in ICSID Arbitration ICSID Review - Foreign Investment Law Journal (December 2013).. Susan D.. Franck and Anna Joubin-Bret, Investor State Mediation: A Simulation ICSID Review - Foreign Investment Law Journal (December 2013).. Veijo Heiskanen, Ménage à Trois? Jurisdiction, Admissibility and Competence in Investment Treaty Arbitration ICSID Review - Foreign Investment Law Journal (November 2013).. Strong, Heir of Abaclat? Mass and Multiparty Proceedings: Ambiente Ufficio S.. P.. V.. Argentine Republic 29 ICSID Review - Foreign Investment Law Journal (forthcoming 2014); University of Missouri School of Law Legal Studies Research Paper No.. 2013-31, online: (December 2013) SSRN (.. Inna Uchkunova and Oleg Temnikov, Enforcement of Awards Under the ICSID Convention What Solutions to the Problem of State Immunity? ICSID Review - Foreign Investment Law Journal (December 2013).. Voon, Andrew D.. Mitchell and James Munro, Parting Ways: The Impact of Investor Rights on Mutual Termination of Investment Treaties ICSID Review - Foreign Investment Law Journal (forthcoming 2014), online: (December 2013) SSRN (.. Journal of World Investment Trade.. Robert Ginsburg, Political Risk Insurance and Bilateral Investment Treaties: Making the Connection 14(6) Journal of World Investment Trade (2013).. Srikanth Hariharan, Distinction between Treaty and Contract The Principle of Proportionality in State Contractual Actions in Investment Arbitration 14(6) Journal of World Investment Trade (2013).. Mitchell, James Munro and Devon Whittle, Vannessa Ventures LTD v Venezuela (Award) (ICSID Additional Facility Rules, Case No ARB (AF)/04/6, 16 January 2013) 15(1) The Journal of World Trade and Investment (forthcoming 2014), online: (December 2013) SSRN (.. Strong, Anti-Arbitration Injunctions in Cases Involving Investor-State Arbitration: British Caribbean Bank Ltd.. The Government of Belize 15 Journal of World Investment Law and Trade (forthcoming 2014); University of Missouri School of Law Legal Studies Research Paper No.. 2013-32, online: (December 2013) SSRN (.. Alphanso Williams and William A.. Kerr, Investment and Trade in Biofuels: Will there be a Market in the US for Developing Country Ethanol? 14(6) Journal of World Investment Trade (2013).. Journal of International Economic Law.. Federico M.. Lavopa, Lucas E.. Barreiros and M.. Victoria Bruno, How to Kill a BIT and not Die Trying: Legal and Political Challenges of Denouncing or Renegotiating Bilateral Investment Treaties 16(4).. J Int Economic Law.. 869 (2013).. Investment Treaty News, Issue 1, Volume 5, January 2014.. Gus Van Harten, The Boom in Parallel Claims in Investment Treaty Arbitration online: (January 2014) IISD (.. Lise Johnson and Oleksandr Volkov, State Liability for Regulatory Change: How International Investment Rules are Overriding Domestic Law online: (January 2014) IISD (.. Hildegard Rondón de Sansó, Proposed Changes to the Investment Dispute-Resolution System: A South American Perspective online: (January 2014) IISD (.. Awards and Decisions:.. Mohamed Abdulmohsen Al-Kharafi Sons Co.. Libya and others; ConocoPhillips v.. Bolivarian Republic of Venezuela; Ömer Dede and Serdar Elhüseyni v.. Romania; Ruby Roz Agricol LLP v.. The Republic of Kazakhstan, online: (January 2014) IISD (.. News in Brief, online: (January 2014) IISD (.. Resources and Events, online: (January 2014) IISD (.. Notes:.. Xavier Carim, Lessons from South Africa s BITs Review Columbia FDI Perspectives No.. 109 (November 25, 2013), online: (2013) VCC (.. Gus Van Harten, Beware the Discretionary Choices of Arbitrators Columbia FDI Perspectives No.. 110 (December 9, 2013), online: (2013) VCC (.. Anthea Roberts, Recalibrating Interpretive Authority Columbia FDI Perspectives No.. 113 (January 2014), online: (2014) VCC (.. John Gaffneyand Janani Sarvanantham, Achieving Sustainable Development Objectives in International Investment: Could Future IIAs Impose Sustainable Development-Related Obligations on Investors? Columbia FDI Perspectives No.. 108, online: (November 2013) VCC (.. Sauvant, Three Challenges for China s Outward FDI Policy Columbia FDI Perspectives No.. 106, online: (October 2013) VCC (.. Sheng Zhang, The China-United States BIT Negotiations: A Chinese Perspective Columbia FDI Perspective No.. 112, (January 2014) online: (January 2014) SSRN (.. Reports/Other Materials:.. Government of Canada, Technical Summary of Final Negotiated Outcomes: Canada-EU Comprehensive Economic and Trade Agreement (October 2013), online: Action Plan (.. European Commission, Fact Sheet: Investment Protection and Investor-to-State Dispute Settlement in EU Agreements (November 2013), online: Europa (.. Energy Charter, Assessment and Proposals for Investment Disputes under the ECT, online: (December 2013) Energy Charter (.. Joseph Francois, Reducing Transatlantic Barriers to Trade and Investment: An Economic Assessment Centre for Economic Policy Research (March 2013), online: VOX EU (.. Sophie Pouget, Arbitrating and Mediating Disputes: Benchmarking Arbitration and Mediation Regimes for Commercial Disputes related to Foreign Direct Investment Policy Research Working Paper No.. WPS 6632 World Bank (October 2013), online: World Bank (.. Lauge N.. Skovgaard Poulsen, Jonathan Bonnitcha and Jason Webb Yackee, To The Department for Business Innovation and Skills: Analytical Framework for Assessing Costs and Benefits of Investment Protection Treaties LSE Enterprise (March 2013), online: (November 2013) UK Government (.. Skovgaard Poulsen, Jonathan Bonnitcha and Jason Webb Yackee, To The Department for Business Innovation and Skills: Costs and Benefits of an EU-China Investment Protection Treaty LSE Enterprise (April 2013), online: (November 2013) UK Government (.. Skovgaard Poulsen, Jonathan Bonnitcha and Jason Webb Yackee, To The Department for Business Innovation and Skills: Costs and Benefits of an EU-USA Investment Protection Treaty LSE Enterprise (April 2013), online: (November 2013) UK Government (.. ICSID Secretariat, ICSID Caseload Statistics 2014(1), online: (2014) ICSID (.. UNCTAD, Tenth UNCTAD-OECD Report on G20 Investment Measures online: (December 2013) UNCTAD (.. Others:.. European Parliament, Motion for a Resolution on the China-EU Negotiations for a Bilateral Investment Agreement (October 2013), online: European Parliament (.. Webcast of Sixth Investment Arbitration Forum on Privately-financed Infrastructure Projects and Dispute Resolution (Georgetown University Law Center, GUL-CIArb.. -IIJ/UNAM), online: (October 2013) Georgetown Law (.. Click here for webcast.. ) (.. Click here for programme.. Top of Form.. Investment Arbitration Reporter is a specialized news publication tracking developments in the area of international investment law and policy.. The publication does not offer legal or financial advice or recommendations of any kind.. To offer news-tips or comments, email the Editor, Luke Eric Peterson, at:.. editor@iareporter.. Back to top..

    Original link path: /articles/20140228
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  • Title: Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK.. Feb 27, 2014..

    Original link path: /articles/20140227_1
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