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Investment Arbitration

Caratube tribunal vindicates Gharavi’s decision to bring second claim

Caratube tribunal vindicates Gharavi’s decision to bring second claim

28 September 2017

The award in Caratube II vindicates the decision of Hamid Gharavi of Derains & Gharavi to bring a second case against Kazakhstan on behalf of the oil company after jurisdiction was refused first time round, dismissing the state’s objections to its claims in their entirety and awarding US$39.2 million in damages. Claims by the company's majority stakeholder, Devinnci Hourani, were dismissed on jurisdictional grounds,

Lubricants company won’t let things slide

Lubricants company won’t let things slide

27 September 2017

A Dutch company has launched a second ICSID claim against Venezuela relating to the expropriation of its investment in the country's motor lubricants sector, more than two years after the first claim was dismissed.

Mining investors seek discovery ahead of Bolivia claim

Mining investors seek discovery ahead of Bolivia claim

27 September 2017

A US businessman and his mining company have applied for discovery from a US law firm in support of an investment treaty claim they are preparing to file against Bolivia.

ISDS v Trump and the EU

ISDS v Trump and the EU

27 September 2017

Gathering hostility to investor-state dispute resolution in the West is now beginning to be reflected in the deals the US and EU are negotiating with their major trading partners. But it’s still not clear whether the alternatives are viable, Tom Jones and Douglas Thomson report.

UN unveils support programme for world's poorest countries

UN unveils support programme for world's poorest countries

26 September 2017

The United Nations and an intergovernmental body headquartered in Italy have launched an initiative to help the poorest countries in the world with investment-related negotiations and dispute settlement, including arbitration.

Indian investors bring treaty claim against Bosnia

Indian investors bring treaty claim against Bosnia

26 September 2017

Three Indian investors have filed a US$40 million treaty claim against Bosnia and Herzegovina, alleging they were fraudulently induced to take part in an insurance privatisation.

Russia told to pause Pugachev extradition

Russia told to pause Pugachev extradition

25 September 2017

An UNCITRAL tribunal has ordered Russia to suspend its request for the extradition of fugitive oligarch Sergei Pugachev from France while he pursues a US$12 billion investment treaty claim - but ruled that civil and criminal proceedings against him worldwide can continue.

CIETAC launches investment rules and opens "Silk Road" centre

CIETAC launches investment rules and opens "Silk Road" centre

22 September 2017

To coincide with China Arbitration Week and in preparation for an array of "Belt and Road" disputes, the country's main arbitration provider CIETAC has announced new rules for the handling of investment disputes and the opening of a "Silk Road Arbitration Centre" in Xi'an

Pakistan faces US$800 million bill for detaining power ships

Pakistan faces US$800 million bill for detaining power ships

20 September 2017

An ICSID tribunal has ordered Pakistan to pay US$800 million in damages, including interest, to a Turkish company that accused the state of detaining its power generation vessels as a result of a feud between the state's ruling party and the Supreme Court.

ECJ adviser gives thumbs-up to intra-EU BITs

ECJ adviser gives thumbs-up to intra-EU BITs

19 September 2017

In a closely watched case with implications for nearly 200 treaties, an advocate general of the European Court of Justice has advised that investor-state arbitration provisions in a bilateral investment treaty between the Netherlands and Slovakia are compatible with EU law.