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    Archived pages: 638 . Archive date: 2014-06.

  • Title: Arbitrators differ on questions of attribution, but agree that Turkey did not breach BIT obligations owed to Dutch investor - Investment Arbitration Reporter (IAReporter)
    Descriptive info: You are here:.. Arbitrators differ on questions of attribution, but agree that Turkey did not breach BIT obligations owed to Dutch investor.. publication date:.. Mar 12, 2014.. Can't view this article? If you are a subscriber, and we have your IP addresses on file, you MUST  ...   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: Arbitrators in Conoco v. Venezuela case split as to their power to "reconsider" earlier decision on liability - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Arbitrators in Conoco v.. Venezuela case split as to their power to "reconsider" earlier decision on liability.. Mar 11, 2014..

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  • Title: Arbitrator challenge is rejected in Koch v. Venezuela case, but two more challenges spring up in another Venezuela dispute - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Arbitrator challenge is rejected in Koch v.. Venezuela case, but two more challenges spring up in another Venezuela dispute..

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  • Title: Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans" - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Central Asia round-up: updates on four UNCITRAL investment treaty arbitrations in the "Stans"..

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  • Title: Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute.. Mar 6, 2014..

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  • Title: Jurisdiction upheld in Peru bank failure case even though claimant made no investments, and acquired her shares (for free) years after bank closure - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Jurisdiction upheld in Peru bank failure case even though claimant made no investments, and acquired her shares (for free) years after bank closure.. Mar 5, 2014..

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  • Title: Investment Arbitration Reporter (IAReporter)
    Descriptive info: Recent Articles in Arbitrator Profiles..

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  • Title: Investment Arbitration Reporter (IAReporter)
    Descriptive info: Send this article to a friend.. Simply enter your details below and a direct link to this article will be emailed to your friend.. Your Name.. Your Email Address.. Friend's Name.. Friend's Email Address.. Personal Message.. I think you will really like this article..

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  • Title: PDF Editions 2014 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2014.. April 30, 2014 (Vol.. 7, No.. 10) - (.. Click to Download - Subscribers Only).. Philip Morris Claims.. 1.. Updates on progress of Philip Morris arbitrations against Australia and Uruguay.. New claims and disputes.. 2.. ANALYSIS: As Al Jazeera Media Network notifies Egypt of possible arbitration claim, what legal arguments loom in such a case?.. 3.. Investors in "Praktyka" dispute turn to ICSID arbitration, alleging that Ukraine failed to protect their investment in financial sector.. Churchill and Planet Mining v.. Indonesia decision on bifurcation.. 4.. As Indonesia reconsiders its investment treaties, arbitrators don't want to slow down mining case by separating liability and damages phases.. Settlements.. 5.. Investors strike deal with Bolivia in order to secure "rapid" payment of some of the compensation awarded by arbitrators.. 6.. Argentina-Repsol settlement pact stipulates that ICSID won't be used for any future arbitrations.. 7.. Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue.. Annulment Proceedings.. 8.. Annulment round-up: Teco and Guatemala each seek review of CAFTA arbitral ruling; ad-hoc committee members named for Kazakh and Turkmen cases.. As Romania seeks annulment of $250 million award at ICSID, enforceability questions loom.. Arbitrator Selection.. Once again, an appointing authority is needed to finalize tribunal to hear investor claims against India.. Parties agree on a chairman for Energy Charter Treaty arbitration between MOL Hungarian Oil and Gas Company Plc and Croatia.. April 17, 2014 (Vol.. 9) - (.. Emmis v.. Hungary Award.. Investors in Hungary's radio industry fail to persuade arbitrators that they had rights capable of expropriation under Swiss Dutch BITs.. National Gas v.. Egypt award.. As tribunal declines jurisdiction due to lack of foreign control of ICSID claimant, dispute over underlying Cairo arbitral award is not over.. Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies.. UNCITRAL Arbitrations Update: Appointing authorities pick chairs in a pair of investment treaty claims.. New Claims.. Anglo-American invokes treaty protections in new arbitration with Venezuela.. Investor's bid to disqualify former Argentine Attorney General from sitting on tribunal is rejected by PCA Secretary-General.. Gov't bid to remove arbitrator falls short in UNCITRAL BIT case, and elicited rebuke from challenged arbitrator as to nationality-based discrimination.. Systemic Issues: Transparency, Amicus Curiae, and Payment of Awards.. As transparency rules take effect, and UN launches case registry, how much of ISDS universe will be laid open through this new portal?.. ICSID Annulment committee rejects effort by Spain-U.. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case.. Amidst concerns about prompt payment of arbitral awards, stays of enforcement are lifted in two ICSID cases.. March 27, 2014 (Vol.. 8) - (.. Tulip v.. Turkey Award.. Arbitrators differ on questions of attribution, but agree that Turkey did not breach BIT obligations owed to Dutch investor.. In Tulip v.. Turkey case, arbitrators are skeptical that treaty's umbrella clause reaches to domestic investment protection law, but see no breach anyway.. Renco v.. Peru.. ANALYSIS: Investor's memorial in Renco v.. Peru UNCITRAL arbitration offers updated arguments on merits and remedies sought.. Arbitrator challenges and disclosures.. ANALYSIS: The scope for ICISD arbitrators to agree to hand on to ICSID the task of resolving challenges to colleagues.. Appearance of possible prejudgment of key issues leads to unprecedented disqualification of ICSID arbitrator at the hands of colleagues.. Detroit International Bridge Company v.. Ethical screen erected in NAFTA case to ensure that arbitrator remains cut off from his law firm's prosecution of a separate claim.. China Heilongjiang v.. Mongolia ad-hoc arbitration.. Ad-hoc treaty claim by Chinese investors vs.. Mongolia is back on track following long delays arising out of arbitrator withdrawal.. East Cement v.. Newly-obtained ICC award sheds further light on shifting of costs onto investor for abandoned investment treaty claim.. Tribunal Selection.. Arbitrators named for claim by Greek shareholders in Cypriot bank and for claim by French investor against Hungary.. Montenegro rebuffs investor allegations, after two claims are lodged in relation to aluminium venture.. Egyptian LNG dispute lands at ICSID; cancelled licenses in Gambia open door to arbitrations, including by investor previously at odds with Sierra Leone.. Russian investor files a notice of dispute, but threatened ICC arbitration has yet to materialize in fight over nationalized bank.. March 11, 2014 (Vol.. 7) - (.. Conoco v.. Venezuela Reconsideration Decision.. Peru.. Jurisdiction upheld in Peru bank failure case even though claimant made no investments, and acquired her shares (for free) years after bank  ...   import of "waste" is deemed an expropriation - due to its effect and also because it was contrary to legitimate expectations.. In first known UNCITRAL BIT award, arbitrators considered a state's duty to mitigate damages; Poland declined to pay until Central Bank funds were frozen.. ICSID rejects new Argentine bid to disqualify arbitrators in sovereign debt case; under what circumstances will ICSID turn to "third party" for opinion?.. Claimants seek to disqualify arbitrator chosen by Kazakhstan in high-stakes energy arbitration.. Arbitrators in South American Silver v.. Bolivia (UNCITRAL) proceeding are revealed, and include former Argentine official.. January 26, 2014 (Vol.. 3) - (.. Argentina Annulment Decision.. $20+ million award against Argentina withstands annulmen attempt; committee won't second-guess majority's decision to take jurisdiction via MFN clause.. Arbitrator Challenge.. Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute.. ICSID case trends.. Despite plunge in Venezuela claims, ICSID sees 40 cases come through its doors in 2013; intra-EU treaty claims continue to proliferate.. Greek Sovereign Bond Dispute.. In new procedural decision, arbitrators in Greek sovereign debt case clarify possible merits process.. Parties to Greek sovereign debt case agree to fast-track jurisdictional objections, so that merits phase can play out as scheduled in 2015-16.. Moscow Chamber of Commerce Claim.. Analysis: Does Moscow Chamber of Commerce offer effective alternative for arbitrating investment claims against Central Asian states?.. Arguments in PacRim v.. El Salvador and Chevron v.. El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections.. Ecuador lays out new merits arguments in Chevron BIT arbitration, claimants tender new evidence, and tribunal postpones this week's hearings.. Vietnam Round-up.. Vietnam wins treaty arbitration with US investor; a second treaty claim heads to hearings this year.. Croatia Round-up.. Arbitrators in place for Croatian real estate dispute; Gov't files UNCITRAL claim against Hungarian energy company.. January 13, 2014 (Vol.. 2) - (.. Click to Download - Subscribers Only.. ).. Kazakhstan award.. Moldovans secure $500+ million arbitral award in claim against Kazakhstan under Energy Charter Treaty.. Erhas and others v.. Turkmenistan.. UNCITRAL tribunal will hear Turkmenistan's argument that a bloc of claimants can't band together to bring a multi-party BIT claim.. Elsamex v.. Honduras annulment process.. Fast-track dismissal is possible in annulment context, but Honduras' challenge to ICSID award will continue, and with conditional stay.. Korea developments.. ANALYSIS: Japanese companies may pursue Chevron-type BIT arbitration in response to Korean court rulings in forced labour cases.. Czech Republic solar claim.. In shadow of mass solar claims, another UNCITRAL BIT arbitration quietly moves forward against Czech Republic.. RSM v.. St.. Lucia.. In a novel ruling, ICSID tribunal orders that impecunious third-party funded claimant should cover all advance-costs of proceedings.. Arbitrator challenges and appointments.. Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures.. Arbitrators picked for Venezuela, Costa Rica and Kazakhstan cases, and replacement is named after disqualification in Burlington v.. Ecuador.. New claims at ICSID.. Kuwaiti conglomerate Alghanim pursue ICSID claim against Jordan over telecommunications dispute.. January 6, 2014 (Vol.. 1) - (.. Micula v.. Romania award.. In Romania case, EU expresses doubts as to legality of ordering EU state to compensate investors for lost incentives.. Majority of tribunal sets high bar for relying on treaty's umbrella clause: commitments to investors must be vested rights under local law.. In analysis of legitimate expectations, arbitrators ask whether investors or Romania bore "the risk of regulatory change".. Arbitrators find fault with Romania for not apprising investors "reasonably soon" after it had become clear that incentives would need to be revoked.. Arbitrators award damages for actual losses, as well as some future lost profits in dispute over withdrawn investment incentives.. Investors seek injunctive relief and channeling of damages to select claimants in Romania case; should damages reflect benefits for claimants of joining EU?.. Murphy v.. Ecuador (UNCITRAL).. UNCITRAL tribunal rejects jurisdictional objection relating to earlier ICSID claim in Ecuador windfall levy dispute.. Solar claims v.. Czech Republic (UNCITRAL).. Following PCA decision, Czech Republic thwarts move by solar investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID.. Pey v.. New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages.. New claim at ICSID.. Another French investor, Le Chèque Déjeuner, sues Hungary at ICSID over state take-over of popular meal voucher sector..

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  • Title: PDF Editions 2013 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2013.. December 30, 2013 (Vol.. 24) - (.. Arbitrator challenges.. Arbitrator's reaction to challenge becomes crucial evidence that leads to his removal in Burlingon v.. Ecuador case; separate challenges rejected in Repsol v.. Argentina.. Full light is shed on the reasons for ICSID's rejection of Argentine efforts to remove arbitrators in Repsol case.. After settling some awards, Argentina takes more fractious path in bond-holders case, with new bid to disqualify arbitrators.. Teco v.. Guatemala award.. Guatemala breached CAFTA due to arbitrary, non-transparent setting of electricity tariffs; bitter pill for Gov't in light of recent events.. Yukos shareholders v.. Russia.. Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms.. AHS v.. Niger.. Niger liable for expropriation of airport services concession, but no damages due for subsequent "misuse" of intellectual property.. After failure of claim under Kazakh statute, Canadian miner hopes that USSR-Canada investment treaty permits arbitration with Kazahkstan.. ICSID registers claim by owner of mine that was recently nationalized by Papua New Guinea.. Egyptian prosecution of principals involved in 2008 license plate contract lead German investors to file arbitration.. Croatia Disputes: Hungarian energy company sues at ICSID, while property developer resumes ICC arbitration with state agency.. December 12, 2013 (Vol.. After 8 year ICSID marathon, foreign investors win $250 million in damages and interest in dispute with Romania arising out of withdrawn incentives.. As more arguments are exchanged by Conoco and Venezuela, amount of damages in arbitration could hinge on whether tribunal will reconsider a key holding.. Serbia disputes.. Mytilineos files a new BIT claim in long-running fight, while solar park investor adds treaty claim to threat of contract arbitration.. Poland Award.. Germany-Poland BIT award adopts novel approach to claims centered on events that occurred before arbitral consent was given.. In jurisdiction ruling, foreign investor bidding in privatization but failing to acquire assets - is entitled to some treaty protection.. In merits award, opaque and protracted privatization process breaches treaty even though no investment was made.. In previously-unseen damages award, investor can't prove causal link between mistreatment during Polish tender and future lost profits.. Arbitrator steps down after being challenged in multi-billion dollar Venezuelan gold mining dispute.. Bulgaria.. Bulgaria disputes: German investor's BIT claim is dismissed by tribunal chaired by Brigitte Stern; meanwhile, tribunal in separate treaty case at ICSID is constituted.. Tribunal appointments.. ICSID moves swiftly and selects Rigo Sureda, Schreuer and Cheng to hear UK investor's attempt to annul award in Indonesian banking arbitration.. December 5, 2013 (Vol.. 23) - (.. Metal-Tech v.. Uzbekistan award.. Claims against Uzbekistan fail under Israeli investment treaty, as well as under 1998 law that other foreign investors are seeking to use.. Testimony by foreign investor piques tribunal's curiosity as to legitimacy of consulting contracts with local fixers, and leads to unraveling of case vs.. ANALYSIS: In Uzbek case, tribunal reads investment treaty's "legality" clause narrowly, but refuses to let investor use MFN clause to avoid it altogether.. Arguments uncovered from Chevron v.. Ecuador case.. OVERVIEW: Where the Chevron v.. Ecuador bilateral investment treaty arbitration currently stands as merits hearings loom.. In show cause proceeding, Chevron quantifies alleged losses due to Ecuador s failure to block enforcement of Lago Agrio judgment.. In a sign of the arbitral times, Ecuador urges arbitrators to reconsider an earlier holding and tribunal lets parties argue it out.. Parties debate whether a state s obligation to respect final and binding nature of awards under U.. -Ecuador investment treaty extends to interim awards.. OPIC Karimum v.. Venezuela award.. Venezuela s failure to produce documents leads to inference that they may be unhelpful to Gov t, but majority can t conclude that ambiguous law offers consent to international arbitration.. Investor claims vs.. spain.. Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector.. November 18, 2013 (Vol.. 22) - (.. Arbitrator disqualification ruling.. ICSID removes arbitrator in Blue Bank v.. Venezuela case due to his law firm elsewhere acting against Venezuela.. Arguments in Apotex v.. USA case.. As hearings kick off in Apotex v USA arbitration, new pleadings show continued sparring over Canadian drug companies' claim to own NAFTA-protected investments.. KT Asia v.. ICSID tribunal in KT Asia v.. Kazakhstan case finds that investment acquired for nominal price fails to meet BIT s definition.. Indonesia arbitration developments.. Indonesia round-up: banker seeks to annul ICSID award, as Singaporeans, Australians and Japanese threaten arbitration over coal and aluminum projects.. Rizvi v.. Indonesia award.. ANALYSIS: Arbitrators examine whether Indonesia's regulatory oversight of bank amounts to "de facto" admission for purposes of bilateral investment treaty.. In separate opinion, Prof.. Sornarajah says UK BIT protects only direct investments, and Indonesia's post-entry regulation of banks is never akin to admission.. New threats, claims, and tribunals.. Investors disclose full details of claim for financial compensation and moral damages due to alleged mistreatment by Belarus.. Mexico is hit with arbitration by Spanish providers of street furniture and kiosks; claimants had threatened treaty arbitration as early as 2002.. Arbitrators selected to hear claims that Kyrgyzstan expropriated stake in Jerooy gold project; obscure multilateral treaty is one of several invoked by investor.. November 4, 2013 (Vol.. 21) - (.. AES v.. Kazakhstan: no damages awarded to AES in arbitration under US investment treaty and Energy Charter Treaty.. Servier v.. Poland releases a new - less redacted - version of award from dispute with French pharma companies; MFN can t broaden investment treaty s arbitration clause.. Poland discriminated by not renewing foreigners pharma marketing authorizations; BIT tribunal asserts power to impose punitive damages beyond market value.. Country updates: Belize, Mongolia, Kyrgyzstan and Laos.. In lifting injunctions against two investment treaty arbitrations, Belize Court of Appeal hews to recent Caribbean Court of Justice ruling.. Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation.. Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants.. In ordering provisional measures in Laos dispute, arbitrators rule that destruction of investment would be irreparable by future damages award.. ICSID.. Energy company drops lawsuit against ICSID as fortunes turn in relation to disputed concession in Central African Republic.. Apotex v.. USA.. Public hearings loom in NAFTA challenge to U.. Government's handling of inspection of foreign pharmaceutical factories.. Canada joins ICSID.. Briefly noted: Canada ratifies ICSID Convention.. October 22, 2013 (Vol.. 20) - (.. Clayton/Bilcon v Canada update.. As NAFTA hearings set to be web-streamed in quarry dispute, IAReporter reviews latest pleadings, including arguments on attribution, time limits, discrimination and due process.. Awards rendered in Kazakh and Uzbek cases.. Kazakhstan defeats one of several claims brought by a shareholder in embattled BTA Bank; fate of UNCITRAL claims to be determined.. Uzbekistan update: Arbitrators weigh in with final award in claim under investment treaty and local legislation; tribunal ready for claim by Kazakhs.. Challenges to arbitrators.. Full details emerge of Argentina s effort to disqualify Francisco Orrego Vicuna in Repsol arbitration.. Grounds for Argentine challenge to von Wobeser in Repsol case are revealed, as Argentina says it does not want ICSID or the PCA to make the call.. Repeat appointments by claimant s law firm were at center of (rejected) challenge to arbitrator in Venezuela case, but less central in Repsol v.. Argentina case.. Judicial review of arbitral award from Slovak case.. German Supreme Court declines to opine on validity of intra-EU bilateral investment treaties.. New claims and new tribunals.. Deutsche Telekom makes good on threat and sues India over satellite; Replacement arbitrator is named in CC/Devas case.. Tribunal is named to hear ICSID arbitration claim by foreign bondholders against Greece.. Former ICJ Judge is tapped by parties to chair Joseph Houben v.. Republic of Burundi arbitration at ICSID.. After much effort, a tribunal is finalized in UNCITRAL arbitration pitting Russian and Cypriot telecoms investors against India.. ICSID tribunals are picked in Slovenia highway dispute and Tunisia oil dispute.. October 9, 2013 (Vol.. 19) - (.. Arbitrator challenges and disqualifications.. Francisco Orrego Vicuna is disqualified from sitting in India BIT arbitration due to appearance of having fixed view as to meaning of essential security standard.. Chairman steps down from SADC investor-state arbitration after challenge, and appointing authority (Marc Lalonde) picks new chair.. ECE v.. Czech Republic award.. Czech Republic says it prevailed in BIT arbitration with German property-developer ECE, but offers few details.. Venezuela developments.. In a ray of light for Venezuela, arbitrators will hear further arguments as to power to reconsider recent finding of bad faith in Conoco case.. Ecuador developments.. ICSID committee opts to stay enforcement of $1.. 76 billion arbitral award, and takes note of Ecuador's assurances that it will pay final ICSID awards.. Costa Rica update: gold miner sues over legal vacuum ; government also faces CAFTA claim over beach expropriations, after paying 2012 ICSID award.. Investor in India s Loop Telecom makes good on threat to sue India; new UNCITRAL claim is third treaty claim known to be afoot.. Lone Pine Resources files NAFTA arbitration over revocation of fracking permit in Quebec; broader claims also in offing.. New Works on International Investment Law: July 2013 to September 2013.. September 30, 2013 (Vol.. 18) - (.. Highbury and Ramstein v.. Venezeula award.. Arbitrators decline jurisdiction over claims by Highbury and Ramstein under Dutch treaty and Venezuelan statute for expropriation of mining assets.. Omar Dede v.. Arbitrators dismiss claim against Romania because investor failed to exhaust remedies or comply with a local litigation requirement in treaty.. BCB v.. Belize update.. Spectre of state-to-state claim recedes as Belize makes peace with investor-state proceeding (and some transparency).. Litigation funding dispute.. Former claimants in discontinued ICSID case seek enforcement of a new LCIA costs award against third-party funder Juridica.. NAFTA claims update.. Arbitrators selected to hear UNCITRAL investment treaty claim arising out of governmental moratorium on offshore wind farms.. Recent filings in Mesa Energy v.. Canada arbitration shed light on Canada s objections, as well as claimant's allegations of composite breach.. Indian company invokes Dutch BIT - rather than Indian treaty in new arbitration over withdrawn subsidies in Uzbekistan.. investor, Transglobal Green Energy LLC, pursues arbitration in bid for restitution of hydroelectric concession in Panama.. Egypt update.. As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif.. Chile update.. Annulment committee in Pey v.. Chile case clarifies applicable interest rates but can't supplement earlier ruling.. September 11, 2013 (Vol.. 17) - (.. New arbitration against France.. France is sued at ICSID by Turkish investor in relation to ship hull design controversy.. RosInvestCo v.. Russia secures set-aside of hedge fund's modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win.. Focus on claims under domestic investment laws.. As El Salvador removes ICSID offer from domestic investment law, a final claim emerges; meanwhile, Commerce Group case ends due to lack of funds.. Growing  ...   of BIT, but that also means that victorious claimants may walk away with no compensation.. Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute.. Lone Star claim against South Korea has an arbitral tribunal in place.. April 30, 2013 (Vol.. Arbitrators reject Bolivian objection that Pan American's claims are manifestly without legal merit; effects of ICSID denunciation at issue in case.. Caribbean Court set to review Belizean court finding on invalidity of Belize s arbitration law; enforcement of arbitral awards hangs in balance.. LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye.. Cambodia defeats claims over power plant, and wins $5.. 6 million in costs; arbitrators also ruled on witness immunity and designation of state-entities.. In final UNCITRAL award, door left open for Greek company to bring another BIT claim against Serbia.. NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts.. Kazakh investors pursue arbitration against Uzbekistan for harm to investments in two cement companies.. Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture.. April 23, 2013 (Vol.. Arbitrators find Moldova breached one treaty protection, but give government time to try restitution in order to lower $2.. 8 million damages bill.. In Moldova case, arbitrators reject denial of justice and expropriation claims, but see no exhaustion of remedies requirement for latter.. French investor, Franck Charles Arif, wins on fair and equitable treatment aspect of ICSID arbitration against Moldova, but loses moral damages claim.. Mexico is found liable for breach of investment treaty in dispute with Spanish owners of waste management facility.. Peru defeats $100 million ICSID contract claims of electricity concessionaire.. Tribunal in place to hear latest BIT claim against India; ICJ Judge was asked to pick Gov t arbitrator after missed deadline, but India eventually complied.. India BIT claims round-up: As arbitrators are chosen in two cases, IAReporter investigates other claims, including by Russian Federation and Vodaphone.. Tribunals named in three bank nationalization claims vs.. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement.. In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle.. Tribunal is finalized to hear Renco v.. Peru arbitration arising out of controversial La Oroya facility.. Panelists confirmed for ICSID claim against Montenegro and Deutsche Bank v.. Sri Lanka annulment.. April 3, 2013 (Vol.. First arbitration against Cyprus is in motion, with waiting period running on $1 billion claim arising out of nationalization of major bank.. Investment treaty arbitration against Greece looms after foreign bank gives notice of dispute due to discriminatory bail-out.. After claims of human rights violation are borne out, businessman pursues ad-hoc investment treaty arbitration against Turkmenistan.. Tribunals selected to hear two parallel investment treaty claims brought by casino investors against Laos.. Arbitrators are selected to hear claim for expropriation of drinks factory in Guinea (Conakry).. Newly unearthed decision records reasons for rejection of bid to disqualify counsel in Fraport v.. Philippines arbitration.. Honduras seeks annulment of arbitral award rendered in 2012 in favour of Spanish construction company.. In response to government request, tribunal orders that outside contributors to expert damages reports should appear for cross-examination.. As hearings loom, US/UK investors not obliged to post security in BIT arbitration; Bolivia frets about claimants reliance on third-party funding.. Turkish investor in Oman puts government on notice of investment treaty arbitration.. March 20, 2013 (Vol.. Arbitrators in water privatization dispute dismiss all jurisdictional objections raised by Argentina in face of Spanish investors claims.. ICSID tribunal weighs in with unanimous reading of local litigation requirement found in Argentine bilateral investment treaty.. Tribunal dismisses - by thin margin - the first of several jurisdictional objections raised by Turkey in face of Dutch investor's treaty claim.. After arbitrator disqualification process, ad-hoc tribunal to hear Spanish company s investment treaty claims against Bolivia.. Investor s nominee resigns in face of alleged issue-conflict challenge; Slovak Republic says BIT claim is an abuse of process.. Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v.. USA NAFTA arbitration.. Investor agrees to settle NAFTA claim against Canada; effort to build controversial quarry comes to an end as Province agrees to pay out 2/3rd of sums invested.. Victims of Stanford ponzi scheme threaten to arbitrate vs.. United States under trade and investment treaties.. Arbitrators deny Indonesia s requests for restraints to be placed on investor s public comments and lobbying efforts.. ICSID annulment notes: Sri Lanka seeks to overturn award in favour of Deutsche Bank; panelists named to hear Daimler s challenge to Argentine verdict.. February 28, 2013 (Vol.. First hearing in Philip Morris v.. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases.. Effort fails in bid to disqualify former Argentine official Gabriel Bottini in Saint-Gobain v.. Venezuela arbitration.. Sri Lanka breached BIT due to Central Bank and Supreme Court actions; dissenter says highest court did not act in bad faith in financial derivatives dispute.. On jurisdiction, arbitrators disagree whether a hedging agreement is an investment covered by bilateral investment treaty and ICSID Convention.. On merits, tribunal splits on deference to be shown to Sri Lanka Supreme Court and whether a debt is expropriated if contractual dispute forum is available.. Jurisdiction is upheld in claim by logistics company, Agility Warehousing, against Pakistan.. Investor concedes that UK-Hungary BIT allows only arbitration of expropriation claim; tribunal clarifies role of MFN and customary international law.. New reporting on arbitral debts of the Dominican Republic and Mexico.. Chair is named in high-stakes Ping An v.. Belgium arbitration over Fortis Bank shareholding.. Korean professor to chair second dispute over Owens-Illinois investments in Venezuela; ICSID Secretariat continues to tap new arbitrators from East Asia.. Tribunal now in place for ICSID arbitration by Dutch investor (Venoklim) in Venezuelan petrochemicals plant.. New Works On International Investment Law, December 2012 to February 2013.. February 14, 2013 (Vol.. UN Working Group finalizes UNCITRAL transparency rules, but they won't apply automatically to stockpiles of existing investment treaties.. Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case.. Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty.. ANALYSIS: As Ecuador is held in breach of order to block enforceability of Lago Agrio judgment, tribunal remains reticent as to why it sees harm to Chevron as irreparable.. Dutch investor seeks to test limits of investment treaty arbitration by asking arbitrators to block state from expropriating its assets.. ICSID tribunal rules that Tidewater did not restructure Venezuelan assets in an abusive fashion; however, some claims are beyond tribunal s jurisdiction.. ICSID Annulment Committee selected to hear Argentina s bid to annul $200 million arbitral award in EDF electricity dispute.. Arbitrators selected for Telefonica v.. Mexico investment treaty arbitration.. Arbitral tribunal is convened to review Egypt s treatment of French investor in waste management concession.. ICSID tribunal is finalized for claim by two Italian investors in Romanian steel plant.. February 7, 2013 (Vol.. Investor gets a 2 million dollar bump to CAFTA award, but fails to convince tribunal to revisit other parts of award.. Tribunal rules on U.. Government s request to bifurcate NAFTA Chapter 11 arbitration proceedings.. Jurisdictional disagreements are laid bare in NAFTA arbitration; Apotex production facilities located outside the United States figure prominently.. Parties to Apotex v.. NAFTA arbitration spar over meaning of legal protections including "effective means" and non-discrimination obligations.. Green energy arbitration moves forward as arbitrators are picked and preliminary arguments tabled by investor and Canada.. ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v.. Indonesia arbitration.. Caribbean Court of Justice to rule on anti-arbitration injunction issued by Belize court, as well as on harsh Belizean penalties for thwarting injunctions.. Arbitrators hold that contract wording and claim pending thereunder may narrow claims eligible for arbitration under Republic of Guinea s Foreign Investment Law.. Battle is joined on second treaty-arbitration front in Israel-Egypt gas fight, as ad-hoc arbitral tribunal is chosen.. ICSID Tribunals selected in Dan Cake v.. Hungary and Sudapet v.. South Sudan arbitrations.. January 22, 2013 (Vol.. As hearings loom, Uruguay elaborates on jurisdictional objections including meaning of MFN and local litigation clauses - in Philip Morris arbitration.. Uruguay s objections in Philip Morris case questions role of expert witnesses, and analyze treaty s public health exception and definition of ICSID investments.. Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published.. Hearing set for Australia s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested "control" issue?.. Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture.. Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets.. UNCITRAL tribunal chaired by Christopher Greenwood declines to let claimant use MFN clause to detour around highly-restrictive arbitration clause.. Tribunal s (later-annulled) reasoning on notion of investment, and reasons for a dissent are finally revealed in Mitchell v Democratic Republic of Congo case.. In two recent arbitrations, Prof.. William W.. Park holds that wholly passive ownership is not enough for claimants to enjoy investment treaty protection.. investors put Panama on notice of potential treaty arbitration in messy real estate dispute.. ICC picks chairman to preside over investment treaty claim by Russian energy investor.. Three panelists named to decide fate of billion dollar arbitral award from Occidental v.. January 9, 2013 (Vol.. Arbitrators find expropriation of tobacco business in newly-disclosed ruling.. In Ecuador arbitration, Francisco Orrego Vicuna takes broad view of umbrella clauses, and defends position taken in CMS v.. As investor in litigation-funded case continues to rattle saber, Slovak Republic announces it will deny benefits under investment treaty.. Polish court rules on release of investment arbitration awards under Freedom of Information law.. Major new wrinkle in long-running enforcement battle as award against Laos is reportedly vacated in Malaysian Court.. Australian investor in troubled Indonesia mining project files its own claim at ICSID; parties to parallel claim agree to some transparency.. Dispute over title to landholdings in Croatia leads to investment arbitration; government has faced, and prevailed in, two other treaty claims.. Arbitrators selected to hear expropriation claim filed by Chinese financial services company against Belgium.. Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela.. Arbitrators selected to hear billion-dollar treaty claim arising out of Germany s phase-out of nuclear power generation.. Arbitrators picked to hear claim by key shareholder in cancelled Bulgarian waste deal; minority shareholder s parallel claim ended mysteriously..

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  • Title: PDF Editions 2012 - Investment Arbitration Reporter (IAReporter)
    Descriptive info: PDF Editions 2012.. December 27, 2012 (Vol.. ICSID Arbitrators rule that Spanish investors in Argentine airline complied with pre-arbitration procedural requirements in bilateral investment treaty.. Buergenthal (and Alvarez) stand behind Maffezini approach to MFN clause in latest case to arise under Spain-Argentina BIT.. Arbitrators in Argentine airline case wave off jurisdictional objections rooted in third-party funding of case and alleged illegality.. With partial annulment of Pey Casado v.. Chile award, the door opens again for further arguments in ICSID s longest-running case.. Ecuador liable for expropriation after seizing oil-fields, but many other measures fall short of breaching treaty protections owed to Burlington.. Majority of Kaufmann-Kohler and Stern reject claim that Ecuador s windfall profits tax is an expropriation of Burlington s investment.. Former Iraqi Minister initiates treaty claims against Pakistan, but government is slow to respond; at least three other arbitrations afoot.. Arbitrators in mining dispute don t see necessity to order Pakistan to refrain from conduct that it says it won t pursue anyway.. Personnel picked for several ICSID annulment committees; Philip Morris v.. Australia case leads to resignation of a pair of arbitrators.. December 10, 2012 (Vol.. Investor announces victory in intra-EU BIT arbitration with Slovakia arising out of health insurance policy changes.. Tribunal in Electrabel case finds that Hungary did not breach Energy Charter Treaty, but one claim reserved for future determination.. ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission s suggestion that case should not be arbitrated.. ANALYSIS: Measures other than outright termination of power purchase agreement fail to rise to level of treaty breaches by Hungary in Electrabel arbitration.. pharma corp puts Canada on notice of NAFTA claim following patent invalidation at hands of Canadian court; more such claims in wings?.. Newly disclosed document shows that pharma corp hopes to construe alleged non-compliance with patent treaties as a breach of investment treaty.. Canada sees second environmental dispute in recent months as wind-power investor threatens NAFTA arbitration.. Investor in Venezuela arbitration objects to appointment of outgoing Argentine government official as a member of tribunal.. As Repsol files arbitration against Argentina, row erupts over alleged "diplomatic protection" by Spain and the EU.. Montenegro to face second known investment treaty claim, this time over bankrupt steelworks.. New investment treaty claim is lodged against Guinea (Conakry) following building complex take-over.. New Books, Articles and Materials on International Investment Law, June 2012 to November 2012.. November 22, 2012 (Vol.. UK Court orders Republic of Laos to post $70 million while legal fight continues over unpaid arbitral award.. Cargill says Mexico is latest member of non-payer s club;.. review found half-dozen states not paying BIT awards.. Mobil v Canada award sets high bar for NAFTA Art 1105 breach, and offers reading of performance requirements rules.. Tribunal in Mobil and Murphy v.. Canada case diverges on meaning of NAFTA reservations provisions.. New investment arbitration claims against Algeria, Uzbekistan and South Korea.. Spain agrees with investors proposal to use a sole arbitrator to resolve ICSID dispute.. Tribunal selected for another Turkmenistan construction dispute, as government draws a line under messy MTS telecoms dispute.. Oxus says that UNCITRAL tribunal has recognized its standing to arbitrate with Uzbekistan.. Canada threatened with quarter billion dollar NAFTA claim over cancelled permits for gas fracking ventures.. Fate of more than a thousand European bilateral investment treaties is sealed in latest deal.. November 12, 2012 (Vol.. Bolivia s defence strategy comes into view in pending arbitration, as denial of benefits and indirect ownership are flagged.. As foreign investors arbitrate with India, the International Court of Justice could play an unusual role.. election result gives new life to multi-billion Dollar NAFTA Chapter 11 arbitration against Canada.. BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim.. US-Ecuador inter-state investment treaty award released to parties; tribunal members part ways on key issues.. ICSID tribunal offers split verdict in $60 million Deutsche Bank v.. Sri Lanka oil hedging controversy.. Arbitrators offer final verdict on treaty-based claim by UK-based Standard Chartered against Tanzania.. Tullow oil company takes Ugandan claims to ICSID.. New victory for Ukraine in ICSID arbitration looks at limits of umbrella clauses.. In lead-up to election, Republic of Georgia lost one investor arbitration, and settled another.. New arbitration threat looms for Spain as legislature debates new measures affecting solar-thermal energy.. October 22, 2012 (Vol.. ).. As hearings loom in UNCITRAL arbitration, investors hope that Kazakh investment statute provides a safe harbour.. After UNCITRAL BIT arbitration clears jurisdictional hurdle, Ukraine agrees to settlement of an investment treaty claim.. Non-payment of debts not a breach of fair and equitable treatment , but claimant can pursue collection in Paraguayan courts under tribunal s supervision.. Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan.. New York Court declines to bar Bank of America subsidiary from pursuing (again) confirmation of CMS v.. Argentina award.. Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law.. Uruguay takes a new posture in arbitration with Philip Morris company.. New investor claims registered at ICSID: Lundin v.. Tunisia and Gelsenwasser v.. Algeria.. Tribunal selected to hear U.. investor s claim that Canada mistreated pulp mill investment.. ICSID tribunals constituted in gas, mining and electricity cases against Indonesia, Slovakia, Egypt and Peru.. Brussels thinking on future of extra-EU investor-state dispute settlement comes into focus after much give and take with member-states.. EU and member-states find common ground on roster-system for arbitrators, heightened ethics rules, and broader transparency.. Swiss lawyer, Gabrielle Kaufmann-Kohler not seeing tail-off in investment treaty appointments in aftermath of bruising 2010 ICSID incident.. October 9, 2012 (Vol.. China-Canada bilateral investment treaty unveiled: a first look at the provisions of long-delayed pact.. ANALYSIS: A closer look at the dispute settlement provisions of the China-Canada investment treaty, including its state-to-state mechanism.. While European Union debates future direction of investment treaties, Switzerland sticks to traditionalist template.. Ecuador must pay $1.. 76 billion US to Occidental for expropriation of oil investment; largest award ever in bilateral investment treaty case at ICSID.. Liability ruling in Oxy v.. Ecuador arbitration puts spotlight on need for states to mete out treatment that is proportionate.. Damages analysis in Oxy v.. Ecuador award takes a detour into legality of controversial windfall energy measure.. Dissent by Brigitte Stern offers possible blueprint for Ecuador s bid to annul several holdings in Occidental award.. September 23, 2012 (Vol.. Chinese insurer files ICSID arbitration against Belgium; Ping An lost $2.. 3 billion when Fortis bank crumbled.. Arbitrators weigh disqualification of Venezuela s damages expert, but decide his earlier contacts with claimant don t warrant it.. ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case.. Parties to Guatemalan railway dispute joust over the need for tribunal to revise damages figures in CAFTA arbitral award.. ConocoPhillips wins one and loses one in ICC fight with Venezuelan state oil company.. Saudi investor dusts off long-ignored Islamic treaty and uses it to arbitrate with Indonesia over banking dispute.. ANALYSIS: Indonesia says 1981 inter-Islamic pact does not offer consent to investor-state arbitration, but tribunal uses contemporary interpretation and finds consent.. Poland prevails in intra-EU BIT case; UNCITRAL arbitration chaired by V.. Veeder rejects mistreatment claims of German investor.. Poland and Armenia neglect to release arbitral awards under domestic freedom of information laws.. Arbitral tribunal selected to hear Canada s bid to deny NAFTA benefits to U.. company.. September 9, 2012 (Vol.. United States defeats Ecuador s state-to-state arbitration; will outcome dissuade Argentine copycat case?.. Noose tightens on Thailand as Swiss Court declines to set aside a still-unpaid 2009 BIT award.. Several arbitration industry interests weigh in with support for BG s effort to overturn vacature of $185 million Argentine award.. Sudapet remains silent as to reasons for ICSID claim against South Sudan.. In claim against Latvia, a Lithuanian investor asks for ICSID to play hands-on role at outset of new arbitration.. Romania faces new arbitrations at ICSID over steel plant, and at ICC in unrelated environmental dispute.. Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles.. Venezuela Claims Round-up: Nine new investor-state arbitrations registered in the months preceding ICSID withdrawal.. ICSID Tribunal Selections: Arbitrators picked for Hungary, Egypt and Equatorial Guinea disputes and Paraguay annulment proceeding.. Cases Closed: ICSID Claims against Senegal and Argentina suspended; Bulgarian case is dropped due to investor s lack of funding.. August 31, 2012 (Vol.. 16) -.. (Click to Download - Subscribers Only.. Majority of tribunal declines to permit Daimler to use MFN clause to circumvent local litigation requirement in Argentina investment treaty.. Analysis: Daimler majority closely follows ICS v.. Argentina reasoning in rejecting extension of MFN clause to dispute settlement.. More divergence on MFN and dispute settlement as one arbitrator sticks to his guns in new ICSID ruling, while another has a change of heart.. Notion of creeping violation of fair and equitable treatment gets another endorsement in recent investment treaty arbitration.. Arbitrators frown on Spanish Investor s Characterization of Dispute Over Guatemala Electricity Tariffs as an Investment Treaty Matter.. Toll Highway Concessionaire puts pressure on Dominican Republic to pay $42.. 5 million ICC arbitration award.. Canadian court declines to vacate recognition of ICSID award, and raises eyebrow at quality of  ...   to set aside $96 Million award; Court says arbitrators examined- but rejected Ecuador s arguments on causality, loss of chance, and denial of justice.. Canadian Supreme Court refuses to set aside arbitral award due to tribunal s willingness to factor cross-border trade losses into valuation of an investment.. Arbitrator Brigitte Stern survives another bid to disqualify her this time on grounds of alleged prejudgment of legal issues arising in intra-Europe BIT arbitration.. Canada expands on defences to NAFTA claim over environmental assessment of Nova Scotia quarry; government says regulatory goals and project differences may justify different treatments for different projects.. New books, articles, and materials on investment treaty law and arbitration: February 2012 to May 2012.. A.. pril 30, 2012 (Vol.. United States unveils new model bilateral investment treaty that retains protective core, and makes a few tweaks on periphery.. investment treaty negotiations ramping up; some talks had been ongoing during review process.. Arbitration by Merck pharmaceutical company resumes after unsuccessful effort by Ecuador to disqualify Stephen Schwebel.. Guinea (Conakry) seeks to disqualify Bernardo Cremades from sitting in port concession dispute.. Italy put on notice of treaty claim arising out of economic austerity.. Foreign investor turns to investment statute to obtain long-delayed compensation for expropriation of factory in Guinea (Conakry).. Kuwaiti investor may restart discontinued ICSID claim labeled duplicative by parallel ICC tribunal.. Long-running dispute over bankrupt factory in Hungary leads to intra-EU BIT claim.. Heritage Oil v Uganda tax arbitration heads to jurisdictional hearings.. ICSID Tribunals constituted in Garanti Koza v.. Turkmenistan, Tamimi v.. Oman, and Gambrinus v.. April 20, 2012 (Vol.. As Chevron finally plays the denial of justice card in Ecuador dispute, arbitrators call for fast-tracking of some issues.. Jan Paulsson weighs into Chevron v.. Ecuador arbitration with expert opinion on denial of justice.. Arbitral victory in Yukos case slowly unraveling as U.. hedge fund declines to spend more money defending arbitral award from Russian attack.. Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute.. Lawyer seeks enforcement of ruling against former clients in dispute over ICSID contingency fees.. Arbitrators reject Indonesia s preliminary effort to dismiss ICSID claims; complex issues in bank expropriation dispute require more pleading.. ANALYSIS: Amidst thicket of Thai and Indonesian investment laws, confusion as to admission requirements found in some Southeast Asian investment treaties.. Settlement round-up: Republic of Georgia resolves dispute, Algeria settles windfall levy claims on eve of arbitral award, and Venezuela pays for a nationalization.. On the wires: new arbitrations loom for Algeria, India and Argentina.. New ICSID Claims: Gas investors file against new Slovak Gov't; more claims for Equatorial Guinea and Turkmenistan.. Profiling the arbitrators in the Owens Illinois v.. Venezuela and Tulip Real Estate v.. Turkey cases.. March 28, 2012 (Vol.. 6) -.. In new ruling, Poland held liable for breach of intra-EU BIT.. Ukraine s liability to German investor is quantified in BIT dispute.. Czech government says that ongoing set-aside proceeding is grounds for not disclosing award from German BIT case.. Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant.. ICC award in African investment dispute is set aside due to concerns over arbitrator impartiality.. Full reasons emerge for PCA s dismissal of Argentine bid to disqualify two arbitrators in sovereign bond case.. Bid by U.. oil company to claim that Ecuador s 2006 windfall levy breaches investment treaty continues slow, torturous path to arbitration.. ANALYSIS: What arguments underlay the recent challenge to arbitrator Brigitte Stern in Ecuador case?.. ANALYSIS: What arguments underlay recent push to remove Guido Tawil from Ecuador arbitration?.. BVI company argues that ad hoc arbitral award from dispute with state-owned port agency can be confirmed against African state.. Arbitration threats continue to mount in aftermath of first successful treaty claim against India.. ANALYSIS: German law firm says it can pursue Greek default claim at ICSID, but fails in chat with IAReporter to persuade that claim is a slam-dunk.. March 14, 2012 (Vol.. 5) -.. Paraguay must pay 57+ Million Dollars after arbitrators rule that non-payment of contractual invoices breaches investment treaty.. ANALYSIS: Arbitrators entertain broad view of fair and equitable treatment, and reject narrow reading of investments eligible for ICSID arbitration.. ANALYSIS: Tribunal viewed treaty s umbrella clause as broad and encompassing many commitments.. As United States is hit with another arbitration claim, signs emerge that pharma companies are growing creative in their use of investment treaties.. ANALYSIS: Chevron/Ecuador jurisdictional decision discusses issues of Ecuadorian law, third party rights, and fork in the road test.. Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene.. ANALYSIS: Interim measures granted by Inter-American Commission have featured in several recent investment controversies.. ICSID arbitrators decline bid by Venezuela to disqualify third member of tribunal.. Arbitrators announced for claims against Albania, Guinea, Peru and Turkey annulment case.. Two tribunals are selected to hear foreign investor claims against the Philippines.. March 4, 2012 (Vol.. Ethiopia prevailed in face of foreign investor s attempt to use investment treaty to sue over ICC arbitral award.. Miner secures funding for expropriation claim against Uzbek government; at least three types of funding seen in cases to date.. ANALYSIS: White v India award engages with definition of investment and state s obligation to promote.. ANALYSIS: Arbitrators touch on simmering debate as to relevance of a state s development-status when assessing claims for treaty breach.. ANALYSIS: Tribunal s reading of "effective means" obligation may ensnare states that otherwise pass treaty muster.. As dust settles on adverse arbitration ruling against India, a Russian investor puts India on notice of a treaty claim.. Ecuador publishes list of arbitral claims; many have had a prior airing in IAReporter, but there are a couple surprises.. As spotlight shines on Ecuadorian judicial system, U.. drug company, Merck, pursues a Chevron-style arbitration claim of its own.. Copper miner files its statement of claim in previously-unannounced ad-hoc arbitration against Ecuador.. As effective means of justice obligation has its moment in the sun, will Ecuador-U.. arbitration generate an eclipse?.. February 16, 2012 (Vol.. Arbitrators dismiss UNCITRAL investment treaty claim due to failure of claimant to begin in local courts.. ANALYSIS: MFN clause that had worked for some previous investors fails to unlock door to arbitration.. India is held liable for investment treaty breach due to protracted judicial delays suffered by foreign investor.. Domestic court draws on investment treaty in ordering Albania to contractual arbitration with foreign investor.. Equatorial Guinea on hook for contractual nonpayment, but expropriation claims fail in ICC arbitration.. ANALYSIS: Equatorial Guinea saga sees corruption allegations, sham bankruptcy, efforts to block arbitration (including due to third-party litigation funding).. Poland wins investment treaty arbitration with EU investor; government sits on growing cache of unpublished rulings.. Former ICJ Judge reaffirms view that sitting arbitrators should not serve as advocates in investment treaty arbitrations.. Canada announces conclusion of investment treaty with China, but there s an asterik.. January 31, 2012.. (Vol.. Shuttered health care clinic spawns UNCITRAL treaty arbitration as claims start to mount in South-East Asia.. Arbitrators in Chevron case agree to convert interim measures ruling into interim award; hearings slated for mid-February.. Appeals Court rules that lower court should not have stayed award enforcement proceedings in Belize dispute.. NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released.. Uruguay unveils its jurisdictional objections to Philip Morris arbitration claim.. ANALYSIS: Uruguayan objection in Philip Morris arbitration highlights ongoing disagreement over domestic-litigation clauses in treaties.. Venezuelan exit from ICSID raises questions both legal and financial.. ICSID Round-Up: Hungary tribunal picked, Argentina bondholders tribunal reconstituted, and two new annulment panels chosen.. Court tears up $185+ Million award due to failure of arbitrators to respect treaty s call for 18 months of local litigation in Argentina.. Newly-published award finds Argentina treated El Paso Corporation unfairly , but arbitrators take state-friendly reading of some investment treaty protections.. ANALYSIS: ICSID tribunal in Argentine case treads new ground with concept of creeping unfair treatment.. El Paso tribunal appoints expert to adjust proposed DCF model; takes wide view of implications of tax exclusion on damages.. ANALYSIS: Latest split amongst ICSID arbitrators over Argentina s necessity defense reflects wider chasm; role of state practice in treaty interpretation also studied.. January 13, 2012.. Belize manages to stall trio of treaty arbitrations by foreign investors.. Threat of severe sanctions under Belize law exerting chill on debt-collection efforts of foreign investors in telecoms and airport projects.. Mining company surprises analysts by deriving $1.. 25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo.. Arbitral tribunal calls for hearings to discuss what Ecuador should do to help block enforcement of $18 Billion environmental judgment against Chevron.. Exxon subsidiary awarded $907 Million in ICC arbitration with Venezuelan state oil company; ICSID case still pending.. Arbitrators hearing challenge to colleague in inter-state marine arbitration reject relevance of investment arbitration analogies.. Tribunal selected to hear UNCITRAL treaty claim arising out of Central Asian mining dispute.. Panels selected in ICSID matters involving Moldova, Egypt, and the Central African Republic.. ANALYSIS: Lessons of the Greenwood/UNCLOS challenge for inter-state investment arbitration.. New International Investment Law Works: May 2011 to January 2012.. Arbitral award in El Paso v.. Argentina ICSID arbitration now available for download..

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