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Investment Arbitration

Georgia faces third claim over electricity tariffs

Georgia faces third claim over electricity tariffs

17 August 2017

UPDATED. Two Dutch energy companies have filed for ICSID arbitration against Georgia over electricity tariffs, adding to related commercial claims already filed at the Arbitration Institute of the Stockholm Chamber of Commerce.

Petrobras takes on Uruguay over gas supplies

Petrobras takes on Uruguay over gas supplies

17 August 2017

Two gas distributors controlled by troubled Brazilian state energy company Petrobras have filed for arbitration against Uruguay over the rising cost of importing gas from Argentina.

Lesotho award set aside in Singapore

Lesotho award set aside in Singapore

15 August 2017

An investment treaty award won by South African claimants against the tiny neighbouring kingdom of Lesotho for a denial of justice in a dispute over mining interests has become the first merits award ever set aside in Singapore.

French judge to appoint president in Pey Casado case at PCA

French judge to appoint president in Pey Casado case at PCA

14 August 2017

A French judge will name the president of the Permanent Court of Arbitration tribunal hearing the latest iteration of 101-year-old Spanish newspaper publisher Victor Pey Casado's two-decade-long claim against Chile.

Madagascar faces ICSID claim over 3G licence

Madagascar faces ICSID claim over 3G licence

10 August 2017

A Mauritius-registered telecoms investor is behind a new ICSID claim against Madagascar, brought under a 2004 bilateral investment treaty between the island states, which lie roughly 1,000 kilometres apart in the Indian Ocean off southern Africa.

Brazil's Odebrecht threatens treaty claim against Peru

Brazil's Odebrecht threatens treaty claim against Peru

09 August 2017

Odebrecht, the Brazilian construction group that admitted to paying hundreds of millions in bribes to win projects in 12 countries, has threatened to bring an investment treaty claim against Peru over measures taken in the wake of the scandal.

US business leaders warn Trump to keep ISDS

US business leaders warn Trump to keep ISDS

09 August 2017

While Donald Trump focuses his attention on North Korea, US business leaders have written to key members of his administration warning that investor-state dispute settlement should be "maintained and upgraded" as part of the renegotiation of the North American Free Trade Agreement.

The African elephant in the room

The African elephant in the room

09 August 2017

An arbitral award against Guinea that was set aside in West Africa because the arbitrators agreed a fee increase with the parties has raised looming issues about how best to ensure the development of arbitration in Africa, as well as the question of the enforceability of awards annulled at the seat. Kwadwo Sarkodie and Joseph Otoo of Mayer Brown in London report.

"Second wave" Yukos case to resume after Swiss ruling

"Second wave" Yukos case to resume after Swiss ruling

08 August 2017

Switzerland's highest court has allowed a US$13 billion Energy Charter Treaty arbitration over the collapse of Yukos to resume after finding that Russia's challenge to an interim award on jurisdiction was premature.

PowerPoint on corruption findings protected by privilege, says ICSID panel

PowerPoint on corruption findings protected by privilege, says ICSID panel

08 August 2017

Two Bangladeshi state entities' latest attempt to obtain evidence for corruption allegations against ICSID claimant Niko Resources has failed, after the tribunal ruled a PowerPoint presentation from an eight-year-old investigation is protected by legal privilege.