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Investment Arbitration

Venezuela settles with Crystallex

Venezuela settles with Crystallex

27 November 2017

Distressed Canadian mining company Crystallex has reached a potentially record-breaking settlement with Venezuela over a US$1.39 billion ICSID award – a deal that will likely mean significant returns for the private equity firm that funded the arbitration.

Argentina seeks to annul airlines award

Argentina seeks to annul airlines award

24 November 2017

Argentina has applied to annul a US$320 million ICSID award in favour of insolvent member companies of Spanish travel group Marsans over the nationalisation of two airlines – citing the role of the claimants' third-party funder Burford Capital.

Venezuela wins again as panels divide over ICSID denunciation

Venezuela wins again as panels divide over ICSID denunciation

23 November 2017

An ICSID tribunal has departed from the recent award in the Favianca case by finding that a US$100 million claim brought against Venezuela by an investor in a BMW and Mini Cooper import business was not barred by the state’s denunciation of the ICSID Convention – but ultimately declined to hear it on other grounds.

Argentina on way to having UNCITRAL Model Law

Argentina on way to having UNCITRAL Model Law

22 November 2017

The upper house of Argentina’s parliament has passed a bill adopting the UNCITRAL Model Law as part of a major overhaul of the country's arbitration legislation ahead of the IBA Arbitration Day in Buenos Aires next year.

NAFTA talks make little headway as US updates objectives for ISDS reform

NAFTA talks make little headway as US updates objectives for ISDS reform

22 November 2017

The latest round of renegotiations of the North American Free Trade Agreement have come to an end with no real sign of progress, although the administration of US president Donald Trump has updated its objectives with regard to the reform of investor-state dispute settlement among other matters.

Peru takes counsel as airport dispute threatens to take off

Peru takes counsel as airport dispute threatens to take off

21 November 2017

Peru has instructed a team from Sidley Austin as a dispute with a construction consortium over a cancelled US$525 million contract to build an airport looks likely to be submitted to ICSID arbitration.

UK court blocks funding for Turkey claim

UK court blocks funding for Turkey claim

17 November 2017

A member company of a mining and media conglomerate that was taken over by Turkish authorities after being accused of financing terrorism has been denied permission by an English court to provide funding for a planned ICSID claim.

Pakistan fights bid to revive treaty claims as funder is revealed

Pakistan fights bid to revive treaty claims as funder is revealed

16 November 2017

An English court has ruled that a bid to revive a pair of investment treaty claims against Pakistan worth US$640 million deserves a full hearing – as the role of a third-party funder in the dispute comes to light.

ICSID exit bars billion-dollar claim

ICSID exit bars billion-dollar claim

15 November 2017

Breaking with recent case law, an ICSID tribunal has ruled it has no jurisdiction to hear a bottlemaker’s billion-dollar claim against Venezuela because it was filed after the state gave notice of its denunciation of the ICSID Convention nearly six years ago.

Aktau tribunal considers "similar fact evidence"

Aktau tribunal considers "similar fact evidence"

14 November 2017

The tribunal in the Aktau award refused to be swayed by “similar fact evidence” alleged to show a propensity by Kazakhstan to expropriate foreign investments through its courts.