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Ideas and analysis

The Money column: One Company, two businesses?

Premium article - 01 September 2007

A tribunal has awarded damages for losses at an Argentine pipeline business – while ignoring profits being made at a sister business within the company from the very same government measures. Mark Kantor, Washington, DC attorney and member of Global Arbitration Review’s editorial board, reports

Mexico: Courts take pro-arbitration stance

Premium article - 01 September 2007

Salvador Fonseca, associate at Thacher Proffitt & Wood SC, reports on two recent decisions from Mexico’s federal courts. One has removed an area of doubt from Mexico’s adoption of the Model Law

Latin America: The LG&E damages award

Premium article - 01 September 2007

The long-awaited decision on damages in LG&E v Argentina has been published. Our Latin America correspondent Sylvia Noury, senior arbitration associate at Freshfields Bruckhaus Deringer in London, examines why the investor may feel a sense of anticlimax

Investment treaty arbitration: Nationality under the ICSID convention

Premium article - 01 September 2007

A panel recently split over how to interpret the nationality requirement in the ICSID convention. Matthew Weiniger and Matthew Page of Herbert Smith LLP explain

India: Cancelled merger ends in arbitration

Premium article - 01 September 2007

A telecoms company is pursuing the right to buy a mobile phone operator, in arbitration. Abhishake Sinha, of AY Chitale & Associates, reports

Canada: Supreme Court delivers long-awaited decision

Premium article - 01 September 2007

Canada’s Supreme Court has stopped a class action against Dell, the computer maker, aided by amicus briefs from among others the LCIA. Pierre Bienvenu, partner at Ogilvy Renault LLP, and Frederic Bachand, professor at McGill University, report*

ECT claims against Hungary mount

Premium article - 01 September 2007

Two new cases show that companies are increasingly ready to invoke the Energy Charter Treaty against EU member states. In August, two companies registered claims against the Republic of Hungary.

Argentina: Court issues anti-arbitration injunction against UNCITRAL claim

Premium article - 01 September 2007

In late July, it emerged that Argentina had obtained an injunction from its national courts to stop an UNCITRAL about to be heard in Washington, DC. Federico Godoy, of Beretta Godoy, explains the injunction’s basis

Exxon launches arbitration against Venezuela

Premium article - 01 September 2007

Exxon Mobil has requested arbitration over Venezuela’s nationalisation of oil operations in the Orinoco belt.

German company claims against government

Premium article - 01 September 2007

A German technology company has filed for arbitration against its government in a dispute about a toll system for trucks.