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

  • Title: Damage Determinations - Investment Arbitration Reporter (IAReporter)
    Descriptive info: You are here:.. Damage Determinations.. Recent articles.. ANALYSIS: In SAUR case, Arbitrators value damages for various treaty breaches together, and use costs order to incentivize realistic claims valuations.. May 27, 2014.. Argentina ordered to pay $40 million, plus substantial interest, to investor in thwarted water project.. May 23, 2014.. DCF method used to value waste plant that operated for mere months; arbitrators ask if investor added to harm due to poor consultation with locals.. May 21, 2014.. Arbitrators in Conoco v.. Venezuela case split as to their power to "reconsider" earlier decision on liability.. Mar 11, 2014.. In now-available award, Boeckstiegel tribunal valued Kazakh assets at a half billion Dollars, but rejected key claim for lost profits and opportunities.. Feb 18, 2014.. Arbitrators hold Democratic Republic of Congo in breach of its domestic investment legislation in relation to treatment of two foreign investors.. Feb 9, 2014.. In Bolivia case: expropriation was unlawful because Bolivia's negative valuation of seized assets breached the duty to provide "just and effective" compensation.. Bolivia liable for unlawful expropriation of UK investor's stake in a power generator.. Feb 3, 2014.. In first known UNCITRAL BIT award, arbitrators considered a state's duty to mitigate damages; Poland declined to pay until Central Bank funds were frozen.. Jan 29, 2014.. New tribunal in Pey v Chile case must assess whether compensation for discrimination and denial of jusice should be in line with expropriation damages.. Jan 1, 2014.. As more arguments are exchanged by Conoco and Venezuela, amount of damages in arbitration could hinge on whether tribunal will reconsider a key holding.. Dec 12, 2013.. In previously-unseen damages award, investor can't prove causal link between mistreatment during Polish tender and future lost profits.. Dec 10, 2013.. Poland discriminated by not renewing foreigners’ pharma marketing authorizations; BIT tribunal asserts power to impose ‘punitive’ damages beyond market value.. Oct 24, 2013.. 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.. Oct 7, 2013.. In Conoco-Venezuela merits ruling, arbitrators rule that tax hikes can’t be challenged as “unfair” or weighed as part of looming valuation for expropriation.. Sep 5, 2013.. Ukraine pays ICSID award mere weeks after annulment committee finds no annullable errors in tribunal's analysis of causation and damages.. Aug 8, 2013.. Lithuania update: Italian investor was denied FET in tender process, but tribunal not persuaded that $250 million in losses can be hung on state.. May 28, 2013.. Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence.. May 15, 2013.. ANALYSIS: You don’t need to show damage to prove breach of BIT, but that also means that victorious claimants may walk away with no compensation.. May 10, 2013.. Rompetrol Group makes out a “limited” breach by Romania of one provision of Dutch investment treaty, but establishes no damages.. May 7, 2013.. LCIA award at center of Caribbean Court proceedings had deemed tax waivers to be valid despite their having been kept out of public eye.. Apr 30, 2013.. In response to government request, tribunal orders that outside contributors to expert damages  ...   pay modest sum to U.. insurance company.. Sep 20, 2011.. 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.. Sep 2, 2011.. While majority sees no treaty breach in many aspects of provincial regulators’ treatment of water concession, Charles Brower takes dimmer view of “political” motives and “gradual wearing-down” of project.. Jun 30, 2011.. ANALYSIS: Arbitrators in Mexican concession dispute reject DCF and non-DCF valuation approaches in favour of award of lost chance.. Apr 26, 2011.. Majority sets out its damages analysis of U.. investor’s claim against Ukraine arising out of thwarted radio broadcasting investments.. Mar 30, 2011.. 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.. 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.. Mar 15, 2011.. U.. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued.. Mar 6, 2011.. 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.. Feb 1, 2011.. DAMAGES: Russia enjoys success at damages phase in RosInvestCo case; arbitral ruling may have wider implications for claims speculation and political risk insurance.. Jan 13, 2011.. ICSID Committee declines to annul large damages award in Kazakhstan case.. Mar 25, 2010.. Damages awarded in one of three NAFTA sweetener arbitrations against Mexico.. Sep 2, 2009.. Tribunal nixes effort by Turkey to obtain moral damages for intangible losses.. Aug 18, 2009.. Will gold mine at centre of failed NAFTA expropriation claim have profitable future?.. Aug 6, 2009.. Arbitrators rule that Thailand denied fair and equitable treatment to German construction firm.. Majority sides with claimants in Siag and Vecchi case, and awards $74.. 5 Million for Egyptian seizure of resort land.. Jun 9, 2009.. ICSID tribunal holds that market value compensation is owed to evicted Dutch farmers - not a lesser amount.. Apr 23, 2009.. UK electricity corp, National Grid, wins arbitration; Argentina's necessity defence rejected, but some consolation for Gov't.. Dec 17, 2008.. Tribunal in Duke v.. Ecuador finds breach of certain obligations under Power Purchase Agreements and US treaty.. Aug 26, 2008.. ICSID tribunal awards $18.. 4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected.. ICSID tribunal in LG&E – Argentina case declines to add damages through “supplementary decision” process.. Aug 7, 2008.. In an unusual outcome, Tanzania held to have violated treaty protections, but no damages flow to UK water company.. Jul 28, 2008.. Award in ADM & TLIA v.. Mexico finds discrimination & imposition of performance requirements, but no expropriation.. Jul 16, 2008.. Czech Republic to pay Dutch firm Saluka $181 Million (US), plus 55 Million interest; contractual counter-claim withdrawn.. Jul 1, 2008.. ICSID’s longest-running claim is resolved as newspaper owner prevails in dispute with Chile; Chile held liable for denial of justice for delay in remedying Pinochet-era expropriation.. May 16, 2008..

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  • Title: Arbitrator Challenges and Recusals - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Arbitrator Challenges and Recusals.. Turkmenistan construction dispute grinds to a halt, as investor objects to new arbitrator appointed by government.. ICSID Round-Up: New arbitrator in Pey v.. Chile; new claim by Highbury and others vs Venezuela; and a bid to annul award in Rose Levy v.. Peru.. ICSID rejects challenges to David Caron and Santiago Torres Bernardez in Transban v.. Venezuela arbitration.. May 14, 2014.. Venezuela's bid to disqualify arbitrators in ConocoPhillips ICSID case is rejected; meanwhile, ICC tribunal rules in separate claim by PDVSA.. May 6, 2014.. Investor's bid to disqualify former Argentine Attorney General from sitting on tribunal is rejected by PCA Secretary-General.. Apr 9, 2014.. Gov't bid to remove arbitrator falls short in UNCITRAL BIT case, and elicited rebuke from challenged arbitrator as to nationality-based discrimination.. Ad-hoc treaty claim by Chinese investors vs.. Mongolia is back on track following long delays arising out of arbitrator withdrawal.. Mar 27, 2014.. Appearance of possible prejudgment of key issues leads to unprecedented disqualification of ICSID arbitrator at the hands of colleagues.. Mar 20, 2014.. ANALYSIS: The scope for ICISD arbitrators to agree to hand on to ICSID the task of resolving challenges to colleagues.. Mar 18, 2014.. Ethical screen erected in NAFTA case to ensure that arbitrator remains cut off from his law firm's prosecution of a separate claim.. Arbitrator challenge is rejected in Koch v.. Venezuela case, but two more challenges spring up in another Venezuela dispute.. ICSID rejects new Argentine bid to disqualify arbitrators in sovereign debt case; under what circumstances will ICSID turn to "third party" for opinion?.. Feb 6, 2014.. Claimants seek to disqualify arbitrator chosen by Kazakhstan in high-stakes energy arbitration.. Arbitrator steps aside after being challenged by Chile in long-running ICSID dispute.. Jan 21, 2014.. Challenges filed against Feliciano and Sands at ICSID; replacement arbitrators named in two other cases, after tribunal departures.. Jan 8, 2014.. After settling some awards, Argentina takes more fractious path in bond-holders case, with new bid to disqualify arbitrators.. Dec 30, 2013.. Guatemala breached CAFTA due to arbitrary, non-transparent setting of electricity tariffs; bitter pill for Gov't in light of recent events.. Dec 26, 2013.. Full light is shed on the reasons for ICSID's rejection of Argentine efforts to remove arbitrators in Repsol case.. Dec 19, 2013.. 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 case.. Dec 16, 2013.. ICSID removes arbitrator in Blue Bank v.. Venezuela case due to his law firm elsewhere acting against Venezuela.. Nov 18, 2013.. Full details emerge of Argentina’s effort to disqualify Francisco Orrego Vicuna in Repsol arbitration.. Oct 17, 2013.. 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.. Francisco Orrego  ...   of outgoing Argentine government official as a member of tribunal.. Dec 3, 2012.. Full reasons come to light for ICSID's decision to reject effort by Guinea to disqualify arbitrator.. Arbitrator Brigitte Stern survives another bid to disqualify her – this time on grounds of alleged prejudgment of legal issues arising in intra-Europe BIT arbitration.. May 22, 2012.. Guinea (Conakry) seeks to disqualify Bernardo Cremades from sitting as arbitrator in port concession dispute.. Apr 30, 2012.. ICC award in African investment dispute is set aside due to concerns over arbitrator impartiality.. Mar 28, 2012.. 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?.. ICSID arbitrators decline bid by Venezuela to disqualify third member of tribunal in oil nationalization dispute.. Mar 5, 2012.. Former ICJ Judge reaffirms view that sitting arbitrators should not serve as advocates in investment treaty arbitrations.. Feb 16, 2012.. ANALYSIS: Lessons of the Greenwood/UNCLOS challenge for inter-state investment arbitration.. Jan 13, 2012.. Arbitrators hearing challenge to colleague in inter-state marine arbitration reject relevance of investment arbitration analogies.. Jan 9, 2012.. Argentina fails in effort to disqualify arbitrators in sovereign debt arbitration at ICSID.. Dec 31, 2011.. Arbitrator, Yves Fortier, is challenged by Venezuela following announcement of law firm merger.. Nov 14, 2011.. Grounds are revealed for Argentina’s bid to disqualify arbitrators in sovereign bond default dispute.. Oct 6, 2011.. Challenge to member of ICSID ad-hoc committee presiding in Panama energy dispute is rejected by his colleagues.. Sep 23, 2011.. Zimbabwe’s nominee to two ICSID tribunals steps down; unclear if political activities in Malawi were a factor.. Award embodying settlement of contentious coal-fired power plant dispute in Germany is published; Russia-Moldova investment arbitration award and arbitrator challenge ruling in OPIC Karimum v.. Venezuela case also available online.. Jun 9, 2011.. One committee member resigns, as two are challenged in ICSID annulment proceeding; U.. energy investor seeking to annul arbitral award in Panama in tax dispute.. Interview: Author of forthcoming study on arbitrator disqualification explains why ICSID arbitrators are so difficult to unseat.. Jun 8, 2011.. ICSID Secretary-General says threshold is high for challenges to arbitrators in Venezuelan oil services arbitration, as efforts to disqualify Brigitte Stern and Guido Santiago Tawil are rejected.. Jun 3, 2011.. Co-arbitrators in mining dispute rule that ICSID acted within its authority when it nominated an arbitrator after Gambia failed to do so within prescribed time limit.. May 20, 2011.. Effort to disqualify arbitrator in Venezuelan oil nationalization case is unsuccessful; adjudicators acknowledge that multiple arbitral appointments can be a concern.. May 19, 2011.. ICSID will hear challenges to two Venezuela arbitrators simultaneously; meanwhile another Venezuela dispute is suspended as arbitrator is challenged.. more articles..

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  • Title: Treaty-making - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Treaty-making.. As Indonesia reconsiders its investment treaties, arbitrators don't want to slow down mining case by separating liability and damages phases.. Apr 28, 2014.. 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.. UN Working Group finalizes UNCITRAL transparency rules, but they won't apply automatically to stockpiles of existing investment treaties.. Feb 14, 2013.. Fate of more than a thousand European bilateral investment treaties is sealed in latest deal.. Nov 14, 2012.. Brussels’ thinking on future of extra-EU investor-state dispute settlement comes into focus after much give and take with member-states.. Oct 22, 2012.. EU and member-states find common ground on roster-system for arbitrators, heightened ethics rules, and broader transparency.. China-Canada bilateral investment treaty unveiled: a first look at the provisions of long-delayed pact.. Sep 26, 2012.. 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.. South Africa pushes phase-out of early bilateral investment treaties after at least two separate brushes with investor-state arbitration.. Sep 23, 2012.. European Commission unveils proposal for who should bear brunt of future investment arbitrations; member-states could continue to be respondents in some cases.. Jun 21, 2012.. investment treaty negotiations ramping up; some talks had been ongoing during review process.. ANALYSIS: United States unveils “new” model bilateral investment treaty that retains protective core, and makes a few tweaks on periphery.. Apr 22, 2012.. Canada announces conclusion of investment treaty with China, but there’s an asterisk.. Senate ratifies Rwanda investment treaty; agreement had already been referenced in a (now-settled) arbitration at ICSID.. Sep 28, 2011.. EU member-states approve negotiating guidelines for India, Singapore and Canada investment protection talks; some European governments fear “NAFTA-contamination”.. Presiding arbitrator is designated in gold and diamond mining dispute after parties fail to agree on candidate; underlying investment treaty was terminated several years ago, but claimants invoke its protections.. Unpublished discussion paper gives overview of European Commission trade department's recent thinking on foreign investment dispute settlement.. European Commission's trade department floats idea of ICSID as clearing-house for all investment disputes under future EU agreements; Washington-based Centre seen as well-placed to promote EU’s transparency objectives.. ANALYSIS: As Brussels continues to clarify thinking on investment dispute settlement in discussion paper, spotlight settles on legitimacy concerns  ...   of academics calls for investment law regime change; investment treaty protections should give way to contract-based protection.. Sep 15, 2010.. European Commissioners send investment policy proposals back for further work.. Jul 2, 2010.. Details of EC Investment negotiating approach begin to emerge as announcement looms.. Jun 16, 2010.. Belgian ratification of Colombia BIT suspended in face of labour protest.. Comprehensive Japan-Uzbek investment treaty now in force.. Ecuadorian President reportedly asks Congress to terminate 13 BITs; move comes on heels of earlier termination of multiple BITs.. Oct 30, 2009.. ANALYSIS: while some debates recur, new issues also raised in US BIT review – including economic crisis concerns.. Oct 14, 2009.. Advisory Committee Report offers some consensus, but many divergences, as to future of US model investment treaty.. Italy, Slovenia and Malta concur with Czechs on lack of necessity for intra-EU BITs; Italy-Czech BIT terminated.. Denmark and Czech Rep to terminate BIT; but not all EU members agree with Czech view that intra-EU BITs are unnecessary.. Jul 17, 2009.. BRIEFLY NOTED: United States seeks public input into Model Bilateral Investment Treaty review process.. ANALYSIS: Multitude of safeguards and exceptions make for baroque Canadian BITs with Romania, Latvia, Czech Republic.. May 11, 2009.. ANALYSIS: Closer look at substantive and procedural features of new Canadian BITs with Czech Republic, Romania and Latvia.. Canada's new BITs with several EU member-states reflect EU requirements and Canadian reform agenda.. Dispute settlement provisions of Canada-Colombia FTA include ICSID/UNCITRAL arbitration & transparency obligations.. Jan 22, 2009.. Canada and Colombia conclude Free Trade Agreement with carefully-circumscribed investment protections.. Bush Administration sends US-Rwanda BIT to Senate for ratification.. Nov 25, 2008.. Brazil mandated to pursue limited range of investment protection standards; prospects for 90's-era BITs remain dim.. Sep 8, 2008.. Working Group explores interface between foreign investment and sustainable development in Latin America.. makes eastern push as investment treaty talks opened with China, Vietnam, India – and promised with Russia.. Transparency issue to remain on UNCITRAL radar screen.. Latest Japanese pacts with Laos and Cambodia offer glimpse of latest Japanese thinking on investor protection.. Jun 18, 2008.. Japan maintains rapid negotiating pace on investment pacts.. UNCITRAL Member-Governments convene in New York as Canada renews push for transparency.. British Institute to host discussion on European Union BITs and EU law.. Jun 3, 2008.. Venezuela surprises the Netherlands with termination notice for BIT; treaty has been used by many investors to “route” investments into Venezuela..

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  • Title: Energy Disputes - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Bulgaria may face BIT and human rights claims over renewable energy measures.. Jun 4, 2014.. Another week, another arbitration claim against Spain: InfraRed Environmental Infrastructure sues at ICSID.. Parties in Enel v.. El Salvador arbitration agree on a former senior counsel at ICSID to serve as chair in pending arbitration.. May 30, 2014.. In previously undocumented Energy Charter Treaty arbitral ruling, a divided tribunal awards $49 million in dispute over electricity supply debts.. As crucial decisions loom this year in several Yukos cases, US Government is urged to espouse claims of US shareholders against Russia.. Dutch affiliates of US energy company, NextEra, are latest to sue Spain at ICSID.. As Kazakhstan pursues set-aside of $500+ million Energy Charter Treaty award, government takes aim at Stockholm Chamber's handling of arbitration.. Updates on Oxus v.. Uzbekistan, Stans Energy v.. Kyrgyzstan, and Standard Chartered v.. TANESCO arbitrations.. May 9, 2014.. Argentina-Repsol settlement pact stipulates that ICSID won't be used for any future arbitrations.. Apr 30, 2014.. Tribunals finalized in UNCITRAL and SCC claims arising out of solar-power controversies.. Apr 17, 2014.. As tribunal declines jurisdiction due to lack of foreign control of ICSID claimant, dispute over underlying Cairo arbitral award is not over.. ICSID Annulment committee rejects effort by Spain-U.. Chamber of Commerce to intervene as amicus curiae in Spain-Guatemala BIT case.. Egyptian LNG dispute lands at ICSID; cancelled licenses in Gambia open door to arbitrations, including by investor previously at odds with Sierra Leone.. Mar 25, 2014.. Tribunal makes jurisdiction and merits findings in Tanzanian power plant payment dispute.. Mar 6, 2014.. Jan Paulsson is tapped to chair Energy Charter Treaty arbitration claim proceeding under UNCITRAL rules.. Feb 25, 2014.. In Kazakh case, annulment committee declines to second-guess move by tribunal to impose higher bar for what constitutes a protected investment.. Feb 23, 2014.. New arbitrations registered by ICSID: Michael Dagher v.. Sudan and Blusun and others v.. Italy.. Tribunals named for Transglobal v.. Panama, Spentex v.. Uzbekistan and Federal Elektrik v.. Uzbekistan arbitrations.. In newly-obtained Energy Charter Treaty award (Ascom and Stati v.. Kazakhstan) arbitrators offer narrow reading of denial of benefits clause.. Government complains that Stockholm Arbitration Institute moves too quickly to make default arbitrator appointment.. In rare holding, investors' claims of "coordinated" top-down harassment by Kazakhstan are vindicated.. ICSID's first claim of 2014 is brought against Spain by Masdar, a Dutch  ...   investors to sue in single arbitral proceeding; meanwhile Spain sees new solar claim at ICSID.. Croatia disputes: Hungarian energy company sues at ICSID, while property developer resumes ICC arbitration with state agency.. Dec 29, 2013.. Despite Khodorkovsky release, majority owners of Yukos have no plans to drop $113 billion arbitration claim against Russian Federation as a final ruling looms.. Dec 24, 2013.. Bulgaria disputes: German investor's BIT claim is dismissed by tribunal chaired by Brigitte Stern; meanwhile, tribunal in separate treaty case at ICSID is constituted.. Serbia disputes: Mytilineos files a new BIT claim in long-running fight, while solar park investor adds treaty claim to threat of contract arbitration.. Foreign investment arbitral claims continue to pile up on Spain, as government turns screws on energy sector.. Dec 5, 2013.. 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.. Nov 20, 2013.. OVERVIEW: Where the Chevron v.. Ecuador bilateral investment treaty arbitration currently stands as merits hearings loom.. Nov 19, 2013.. 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.. Kazakhstan: no damages awarded to AES in arbitration under US investment treaty and Energy Charter Treaty.. Nov 4, 2013.. Energy company drops lawsuit against ICSID as fortunes turn in relation to disputed concession in Central African Republic.. Oct 28, 2013.. ICSID tribunals are picked in Slovenia highway dispute and Tunisia oil dispute.. Oct 16, 2013.. Costa Rica update: gold miner sues over “legal vacuum”; government also faces CAFTA claim over beach expropriations, after paying 2012 ICSID award.. 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.. Oct 2, 2013.. Lone Pine Resources files NAFTA arbitration over revocation of fracking permit in Quebec; broader claims also in offing.. Oct 1, 2013.. Egypt update: As another arbitration lands at ICSID, tribunals chosen for three earlier claims lodged by businessman Ossama Al Sharif.. Sep 30, 2013..

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  • Title: Mining Disputes - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Battle over iron ore deposits in Guinea opens up multi-front legal battle.. May 15, 2014.. Anglo-American invokes treaty protections in new arbitration with Venezuela.. Apr 14, 2014.. ANALYSIS: Investor's memorial in Renco v.. Peru UNCITRAL arbitration offers updated arguments on merits and remedies sought.. Mar 26, 2014.. 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.. Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly.. Arbitrators reject jurisdictional objections raised by Indonesia in mining dispute at ICSID.. Canadian miner hires law firm and threatens arbitration over blocked mining project in Peru.. Feb 11, 2014.. Arbitrators in South American Silver v.. Bolivia (UNCITRAL) proceeding are revealed, and include former Argentine official.. Analysis: Does Moscow Chamber of Commerce offer effective alternative for arbitrating investment claims against Central Asian states?.. El Salvador argues that domestic investment law is not a portal for Pacific Rim mining company to reach international law protections.. ICSID registers claim by owner of mine that was recently nationalized by Papua New Guinea.. After failure of claim under Kazakh statute, Canadian miner hopes that USSR-Canada investment treaty permits arbitration with Kazakhstan.. Dec 18, 2013.. Arbitrator steps down after being challenged in multi-billion dollar Venezuelan gold mining dispute.. 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.. Arbitrators selected to hear claims that Kyrgyzstan expropriated stake in Jerooy gold project; obscure multilateral treaty is one of several invoked by investor.. Nov 6, 2013.. Kyrgyz Republic round-up: as arbitration is filed by investor in rare earths mining, an earlier claim culminates in a costs order against claimants.. Nov 1, 2013.. Mongolia round-up: hearings loom in one investment arbitration, as another remains stalled due to arbitrator resignation.. 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.. Chairman steps down from  ...   2013.. Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets.. Jan 18, 2013.. Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture.. Jan 17, 2013.. Major new wrinkle in long-running enforcement battle as award against Laos is reportedly vacated in Malaysian Court.. Jan 9, 2013.. Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela.. Australian investor in troubled Indonesia mining project files its own claim at ICSID; parties to parallel claim agree to some transparency.. Jan 2, 2013.. Arbitrators in mining dispute don’t see necessity to order Pakistan to refrain from conduct that it says it won’t pursue anyway.. Oxus says that UNCITRAL tribunal has recognized its standing to arbitrate with Uzbekistan.. Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law.. Oct 12, 2012.. ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case.. Sep 22, 2012.. ICSID Claim against El Salvador is revived after claimants pursue third-party funding.. Aug 1, 2012.. ICSID tribunals composed in cases against Pakistan, Costa Rica, and Venezuela; Pakistan swiftly moves to challenge claimant’s nominated arbitrator.. Jul 26, 2012.. Canadian deep-sea miner announces sole-arbitrator is hearing contractual arbitration with Papua New Guinea.. Creditors of distressed mining company fail in bid to block third-party financing of ICSID arbitration against Venezuela.. Jul 9, 2012.. British miner fights Indonesia at ICSID, while arbitrating with erstwhile local partners in separate ICC arbitration.. Jun 26, 2012.. ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute.. Jun 5, 2012.. ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’.. Jun 4, 2012.. ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.. ‘shell’ company not owed CAFTA protections for investments in El Salvador.. Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute.. Jun 3, 2012.. ICSID Tribunals constituted in Garanti Koza v.. Turkmenistan, Tamimi v.. Oman, and Gambrinus v.. Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute.. Apr 10, 2012..

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  • Title: Telecoms Disputes - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Resolution of Algerian telecoms battle quells UNCITRAL arbitration, but ICSID claim by former owner of "Djezzy" will continue.. Apr 22, 2014.. Kuwaiti conglomerate Alghanim pursue ICSID claim against Jordan over telecommunications dispute.. Deutsche Telekom makes good on threat and sues India over satellite; Replacement arbitrator is named in CC/Devas case.. Oct 22, 2013.. After much effort, a tribunal is finalized in UNCITRAL arbitration pitting Russian and Cypriot telecoms investors against India.. Investor in India’s Loop Telecom makes good on threat to sue India; new UNCITRAL claim is third treaty claim known to be afoot.. New claims appear as Uzbekistan moves to “clarify” foreign investment law; Gov’t surprises by picking arbitrator who had been expert for investor in earlier case under same law.. Sep 10, 2013.. Arbitrators fall out over Mexican demands for transparency in Telefónica case; dissenter seeks proof that publicity would exacerbate dispute.. Poland update: government grappling with at least five treaty disputes; arbitrators rule on participation of counsel in ICSID case.. Aug 9, 2013.. In June 2013 ruling, Caribbean Court of Justice sees no need for BIT arbitration to be enjoined while domestic claims are pursued.. Jul 31, 2013.. Tribunals in place for UNCITRAL and ICSID claims against Algeria by shareholders alleging billions in losses in Djezzy telecoms venture.. Apr 25, 2013.. 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.. Apr 11, 2013.. Arbitrators selected for Telefonica v.. Mexico investment treaty arbitration.. New investment arbitration claims against Algeria, Uzbekistan and South Korea.. Nov 22, 2012.. Tribunal selected for another Turkmenistan construction dispute, as government draws a line under messy MTS telecoms dispute.. BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim.. Nov 4, 2012.. Cases Closed: ICSID Claims against Senegal and Argentina suspended; Bulgarian case is dropped due to investor’s lack of funding.. Sep 9, 2012.. Dispute over Mexican telecoms interconnection fees leads Telefonica to launch billion dollar claim at ICSID.. Wire reports: new arbitrations loom for Algeria, India and Argentina.. Apr 19, 2012.. As dust settles on adverse arbitration ruling against India, a Russian investor puts India on notice of a treaty claim.. Feb 28, 2012.. Appeals  ...   over cellular telecoms concession dispute between Senegal and Dutch investors.. Aug 28, 2010.. Deadline lapses without payment by Kazakhstan on BIT award.. May 7, 2010.. As new case lands at ICSID, and several more loom, Bolivia turns up the heat on arbitral system.. Apr 22, 2010.. Supreme Court enjoins BIT arbitration over Caribbean telecoms dispute.. Feb 9, 2010.. Arbitrators selected in ICSID proceedings against Cambodia, Ecuador, Jordan, Argentina, Venezuela and Chile.. Jan 17, 2010.. BIT arbitration filed in Belize telecoms nationalization dispute; another BIT claim from off-shore lender also looms.. Dec 21, 2009.. Arbitrators selected in UNCITRAL arbitration between Bolivian investors and Republic of Ecuador.. Nov 13, 2009.. Telecom Italia subsidiary agrees to withdraw ICSID claim against Bolivia, but case to proceed under other auspices.. Motorola and Nokia seek to seize any benefits which may flow from Libananco’s ICSID arbitration claim against Turkey.. Massive arbitration against Argentina discontinued.. Arbitrators selected in two claims (ICSID and UNCITRAL) against Yemen.. Belize notified of looming treaty claim over telecoms nationalization; generous telecoms pact haunts Gov't.. Sep 19, 2009.. Ecuador becomes second state to exit ICSID; approximately two-thirds of Ecuador's BIT claims were ICSID-based.. Tribunals constituted in ICSID claims against Gabon, Senegal, and Georgia.. Jun 29, 2009.. subsidiary of South African telecoms firm sues Yemen at ICSID; competitor firm pursues UNCITRAL claim against Yemen.. May 27, 2009.. ICSID committee asks Kazakhstan to guarantee prompt payment if annulment fails – or post 50% of award value now.. Apr 2, 2009.. Vivendi secures massive award against bankrupt former partner; greater prospects for recovery loom in BIT claim v.. Feb 28, 2009.. BIT claim against Iran by Turkcell unfolds under UNCITRAL rules; tribunal constituted, and challenge to Brower fails.. ICSID registers claim by Luxembourg telecoms company against Senegal.. Jan 5, 2009.. ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute.. Cellular firm turns to ICSID in fight with Senegal.. Nov 12, 2008.. Kazakhstan seeks to annul $125 Million ICSID award in telecoms dispute; we review earlier Kazakh arbitrations.. Tribunal finalized in ETI v.. Bolivia arbitration; case arose after Bolivia notified ICSID of withdrawal from Centre.. Oct 22, 2008.. After much speculation, Bolivia appoints defence counsel and arbitrator in contentious ICSID telecoms arbitration.. Oct 1, 2008..

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  • Title: Amicus Curiae Interventions - Investment Arbitration Reporter (IAReporter)
    Descriptive info: In Romania case, EU expresses doubts as to legality of ordering EU state to compensate investors for lost incentives.. Jan 6, 2014.. Tribunal picks Washington DC as seat for unfolding NAFTA arbitration; hearings to be closed, and amici can’t access more info than public.. Tribunal nixes requests by Canadian arbitration lawyer and an unrelated NGO to intervene as amicus curiae in Apotex v.. USA NAFTA arbitration.. Mar 19, 2013.. ANALYSIS: Electrabel ruling examines relations between EU law and Energy Charter Treaty and rejects European Commission’s suggestion that case should not be arbitrated.. Dec 10, 2012.. Several arbitration industry interests weigh in with support for BG’s effort to overturn vacature of $185 million Argentine award.. Sep 2, 2012.. Amicus submission rejected in Zimbabwe case; human rights law held inapplicable to ICSID proceedings.. Jun 27, 2012.. ANALYSIS: Tribunal’s reading of amicus curiae tests could make life difficult for antagonistic amici - and those seeking to raise novel concerns such as human rights law.. Parties in NAFTA pharmaceuticals arbitration trade arguments on jurisdiction, as tribunal rejects amicus participation.. Dec 1, 2011.. Tribunal rules that mining company failed to waive local  ...   South Africa not prepared to let claimant walk away from ICSID claim without further conditions.. Nov 30, 2009.. NGOs permitted to intervene in South Africa mining case and for second time at ICSID petitioners to see documents.. South Africa mining arbitration sees another amicus curiae intervention.. FREE: NGOs seek leave to intervene in ICSID arbitration arising out of South Africa’s treatment of foreign mining companies.. Jul 21, 2009.. Canadian indigenous association writes to tribunal in support of claimants in NAFTA tobacco arbitration.. ANALYSIS: human rights law arguments figure prominently in NAFTA dispute over indigenous tobacco enterprise.. Feb 10, 2009.. ICSID tribunal will permit European Commission to file legal brief in Energy Charter Treaty arbitration.. Dec 11, 2008.. Claimant in garbage disposal dispute with Canada seeks closed-door hearings and wants amicus curiae to pay $25,000 fee.. Claimant and Canada exchange arguments in claim brought by US citizen for alleged expropriation of waste disposal business.. European Commission seeks to intervene as amicus curiae in ICSID arbitrations over Hungary's long-term power pacts.. Sep 17, 2008.. IN-DEPTH: Other treaty breaches, including of Fair and Equitable Treatment standard, upheld in Biwater v.. Tanzania..

    Original link path: /categories/20090724_11
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  • Title: Environmental Disputes - Investment Arbitration Reporter (IAReporter)
    Descriptive info: investors in Canadian forestry business notify Canada of potential arbitration over exclusion from tax breaks.. May 29, 2014.. Final award from Abengoa & COFIDES v.. Mexico arbitration now available for download.. May 28, 2014.. Arbitrators selected to hear UNCITRAL investment treaty claim arising out of governmental moratorium on offshore wind farms.. Sep 22, 2013.. Recent filings in Mesa Energy v.. Canada arbitration shed light on Canada’s objections, as well as claimant's allegations of composite breach.. Spain round-up: twin Energy Charter claims moving at different speeds; arbitrator in third case agrees to hear jurisdictional objections first.. Jun 18, 2013.. Slovakia round-up: Tribunals in place for steel plant and (new) health insurance disputes; assets frozen in Luxembourg in bid to collect on 2012 award.. Scope of Mexico’s latest loss in waste management case comes into view, as BIT arbitral award is pursued via law on transparency.. Jun 11, 2013.. Solar investors file arbitration against Czech Republic; intra-EU BITs and Energy Charter Treaty at center of dispute.. In BIT arbitration, Ecuador weighs in with lengthy rebuttal of Chevron’s denial of justice claims.. May 13, 2013.. ANALYSIS: Ecuador lays out its defence to other (non denial-of-justice) claims in pending treaty arbitration with Chevron.. NAFTA tribunal in renewable energy arbitration allows entry into record of evidence obtained via "Section 1782" discovery in US courts.. Tribunal is finalized to hear Renco v.. Peru arbitration arising out of controversial La Oroya facility.. Apr 23, 2013.. 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..  ...   Unglaube v.. Costa Rica eco-tourism case due to inability to show that state had made key promises.. ANALYSIS: Tribunal in Costa Rica case rejects investors’ reading of non-discrimination obligation; affirms that adequate legal remedies are part of fair and equitable treatment.. DAMAGES ANALYSIS: Arbitrators in Costa Rica case wrestle with how to compensate an unlawful expropriation when treaty is silent.. Germany is sued at ICSID by Swedish energy company in bid for compensation for losses arising out of nuclear phase-out.. Jun 1, 2012.. Costa Rica held liable for breach of investment treaty in beach property expropriation cases, but avoids liability for broader claims.. 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.. May 21, 2012.. 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.. Czech Republic announces dismissal of Swiss claim arising out of failed waste incineration plant.. Mar 26, 2012.. ANALYSIS: Chevron/Ecuador jurisdictional decision discusses issues of Ecuadorian law, third party rights, and “fork in the road” test.. Mar 14, 2012.. Ecuadorian plaintiffs withdraw request for protective measures, after sparring with Chevron over need for human rights authorities to intervene.. Arbitrators in Chevron case agree to convert interim measures ruling into interim award; hearings slated for mid-February.. Jan 31, 2012.. Arbitral tribunal calls for hearings to discuss what Ecuador should do to help block enforcement of $18 Billion environmental judgment against Chevron..

    Original link path: /categories/20090920_1
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  • Title: Human Rights and Investment Law - Investment Arbitration Reporter (IAReporter)
    Descriptive info: Human Rights and Investment Law.. Appeal of €5 million ruling against Ukraine for unlawful seizure of foreigner's assets will not be heard.. ANALYSIS: As Al Jazeera Media Network notifies Egypt of possible arbitration claim, what legal arguments loom in such a case?.. ANALYSIS: Japanese companies may pursue Chevron-type BIT arbitration in response to Korean court rulings in forced labour cases.. Tribunal says that any treatment of company officers must have “necessary link” to the claimant entitled to treaty-protection.. After claims of human rights violation are borne out, businessman pursues ad-hoc investment treaty arbitration against Turkmenistan.. Apr 3, 2013.. New Books, Articles and Materials on International Investment Law, June 2012 to November 2012.. Nov 26, 2012.. European Court of Human Rights rejects claims of expropriation by shareholders in nationalised bank.. Aug 19, 2012.. ANALYSIS: Tribunal confirms Russia’s deliberate destruction of Spanish investors’ Yukos holdings; findings distinguished from human rights court.. Newly-released SAUR v.. Argentina decision touches on illegality, test for expropriation, and financial "strangulation" of a concessionaire.. Jun 14, 2012.. ANALYSIS: Interim measures granted by Inter-American Commission have featured in several recent investment controversies.. European Court of Human Rights rules on claims by landowners for excessively delayed expropriation payouts in Malta and Poland.. Arbitrators reject Greek investor’s claims that Romanian tax enforcements and food safety inspections breached investment treaty; Romania must bear $4 Million of its legal costs.. Dec 15, 2011.. Arbitrators decline jurisdiction over Romania’s counter-claim against investor; Counter-claims popping up in other ICSID cases, particularly Ecuadorian oil disputes.. ANALYSIS: Novel human rights arguments are raised in Romania arbitration at ICSID; tribunal views BIT protections as more protective than European rights convention counterparts.. 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.. 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.. In ignominious footnote to ICSID case, foreign investor is convicted of crimes against humanity.. Nov 2, 2011.. Human Rights Court find some breaches by Russia in Yukos case, but diverges from earlier BIT arbitration ruling on other points.. Battle over reversed public tender to play  ...   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.. Briefly Noted: UN Advisor seeks public input on principles for business and human rights.. Discontinuance of bilateral investment treaty claim leave some questions unresolved for South Africa; future shape of BIT program still up in the air.. Argentina liable for denying fair and equitable treatment to Suez-led consortia of foreign investors in Buenos Aires and Santa Fe water concessions.. Aug 5, 2010.. Suez Analysis Part 1: Majority sets out view of fair and equitable treatment and Argentina’s ability to meet human rights law obligations in water disputes.. Suez Analysis Part 2: Judge Nikken assails reading of fair and equitable treatment in light of investor’s expectations and signals that states don’t impliedly waive their regulatory powers.. South Africa mining arbitration ends with a whimper, as terms of discontinuance are set down in award.. 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.. European Court of Human Rights orders Serbia to comply with arbitral award.. Human Rights Court departs from international law approach to damages for unlawful takings.. European Human Rights Court finds violations by Moldova of foreign investors’ rights to fair hearing and property protection.. Mining investors offer to withdraw politically sensitive arbitration claim against South Africa.. European Human Rights Court holds Czech Republic denied fair hearing to foreign investors; declines to hear BIT claims.. ANALYSIS: Arbitrators in Lebanon case grapple with non-treaty breaches, denial of justice, human rights law, and land occupation.. South African Government releases draft paper reviewing its BIT program, and calling for major revisions to approach.. FREE: Will the battle over Internet-filtering software play out on the investment treaty playing field?.. South Africa declines to appeal ruling ordering Gov't to assist farmers; regional tribunal finds Zimbabwe in contempt.. European Court of Human Rights publishes decision upholding admissibility of some Yukos claims against Russia.. Mar 17, 2009.. Investment Arbitration Reporter Editor surveys role of human rights law in investment treaty arbitration.. Briefs exchanged in Grand River Enterprises, et.. al.. USA; NAFTA Chapter 11 arbitration arises out of tobacco dispute..

    Original link path: /categories/humanrights
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  • Title: An overview of the now-public Achmea v. Slovak Republic II award - Investment Arbitration Reporter (IAReporter)
    Descriptive info: publication date:.. Jun 13, 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..

    Original link path: /articles/20140613_3
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  • Title: Analysis: new decision could embolden parties to seek interpretive or advisory opinions from arbitrators - Investment Arbitration Reporter (IAReporter)
    Original link path: /articles/20140613_2
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