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Investment Arbitration

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.

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.

"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.

Poland faces big payout after forced bank sale

Poland faces big payout after forced bank sale

07 August 2017

Poland may soon have to pay hundreds of millions of euros after a tribunal at the Stockholm Chamber of Commerce found that the state committed an expropriation by forcing a private equity firm to divest its stake in a bank.

Greece to bring claim against Canadian mining investor

Greece to bring claim against Canadian mining investor

07 August 2017

Greece says it is soon to file a promised arbitration against Canada's Eldorado Gold to resolve a dispute over a mining project that has given rise to environmental concerns.

Creditor bottles out of enforcing Venezuela award

Creditor bottles out of enforcing Venezuela award

04 August 2017

US bottle manufacturer Owens-Illinois has sold its interest in a US$455 million ICSID award against Venezuela to a third party which can seek to enforce in its place - but it may be required to repay the buyer if an ad hoc committee decides to annul the award in whole or in part.

A claim, a decision and an award at ICSID

A claim, a decision and an award at ICSID

03 August 2017

In a trio of ICSID developments this week, claims against Hungary, Cȏte d'Ivoire, and Turkish state entity Botaş have respectively begun, proceeded to the merits, and ended in an award.

ICSID report reveals states doing better

ICSID report reveals states doing better

03 August 2017

ICSID has released its latest caseload report for the fiscal year 2017, showing a marked increase in awards in favour of states.

ICSID claim filed against Papua New Guinea

ICSID claim filed against Papua New Guinea

01 August 2017

Puma Energy, a Singaporean company owned by Trafigura and Angola's state oil company Sonangol that filed a claim against Benin early last month, has now brought a claim against Papua New Guinea following a disagreement over taxes owed for crude oil production.