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Investment Arbitration

Trump says he threatened TransCanada over Keystone XL

Trump says he threatened TransCanada over Keystone XL

23 March 2017

Donald Trump has claimed that he threatened to retract his approval of the controversial Keystone XL pipeline project if TransCanada did not drop its US$15 billion NAFTA claim against the US – boasting that “being president gives you great power.”

India's termination of BITs to begin

India's termination of BITs to begin

22 March 2017

As its self-imposed 31 March deadline for terminating bilateral investment treaties draws near, India has sent notices of termination to 58 countries that are expected to take effect from as early as next month.

Pakistan to pay in ICSID mining claim

Pakistan to pay in ICSID mining claim

22 March 2017

Pakistan is liable for denying an Australian mining venture a lease for one of its largest copper reserves, an ICSID tribunal hearing a multibillion-dollar claim has ruled – with Pakistani reports indicating that the parties may now settle.

Canadian patent law not a dramatic change, rules Eli Lilly tribunal

Canadian patent law not a dramatic change, rules Eli Lilly tribunal

21 March 2017

The NAFTA tribunal in Eli Lilly v Canada found that a recently developed "promise utility doctrine" in Canadian jurisprudence on pharmaceutical patents did not represent a dramatic change from previous Canadian law, the newly published award reveals.

Canada defeats NAFTA claim over pharma patents

Canada defeats NAFTA claim over pharma patents

20 March 2017

Canada has defeated a US$374 million NAFTA claim brought by US drugmaker Eli Lilly over the revocation of two drugs patents.

Colombia will face billion-euro power claim

Colombia will face billion-euro power claim

16 March 2017

Spanish energy company Gas Natural Fenosa is on the brink of filing a threatened ICSID claim against Colombia reported by GAR last year to recover €1.3 billion in electricity payments owed by customers near the country's Caribbean coast.

Singapore service ruling delays enforcement against Lesotho

Singapore service ruling delays enforcement against Lesotho

16 March 2017

As Lesotho faces a second arbitration brought by South African mining investors, the claimants have won leave to enforce a costs award from an earlier proceeding in Singapore – but have been blocked from serving notice on the state except through diplomatic channels because of state immunity law.

Romania paves way for intra-EU BITs termination

Romania paves way for intra-EU BITs termination

15 March 2017

Romania is set to enact a law terminating its bilateral investment treaties with other European Union countries following criticisms by the European Commission that they contradict EU law and the principles of the single market.

Czech Republic wins against British investors

Czech Republic wins against British investors

13 March 2017

The Czech Republic has won two related cases at the Stockholm Chamber of Commerce brought by British investors in a car parts distributor, the latest in a series of awards issued this year under the state’s bilateral investment treaty with the UK.

Costa Rica wins second ICSID case this year

Costa Rica wins second ICSID case this year

13 March 2017

Fresh from a win against a Spanish investor, Costa Rica has defeated a US$75 million ICSID claim brought by one of Mexico’s wealthiest families over alleged price-fixing in the liquefied petroleum gas market.

Exxon sees US$1.4 billion chopped from Venezuela award

Exxon sees US$1.4 billion chopped from Venezuela award

10 March 2017

An ICSID annulment committee has dramatically chopped US$1.41 billion from an award won by ExxonMobil against Venezuela, holding that the damages were granted based on contradictory reasoning, “straw man” arguments and the assertion of powers under international law that were not mandated by the relevant bilateral investment treaty.

Central Asian ICSID case to go ahead as counsel criticised

Central Asian ICSID case to go ahead as counsel criticised

10 March 2017

An ICSID tribunal has accepted jurisdiction over a claim relating to the nationalisation of two cement plants by Uzbekistan despite allegations of corruption – and, in a believed ICSID first, ordered the state to pay costs because of the conduct of its counsel, White & Case.