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Investment Arbitration

Singapore grabbing share of investment arbitration despite “hot potato” case

Singapore grabbing share of investment arbitration despite “hot potato” case

07 June 2017

A major change of the past few years has been Singapore’s emergence as a hub for investment treaty arbitration. Speakers at GAR Live Singapore considered its role in this regard, with particular reference to the “political hot potato” of the Sanum v Laos case.

Telecoms claim against Algeria dismissed as abusive

Telecoms claim against Algeria dismissed as abusive

06 June 2017

An ICSID tribunal has dismissed a US$4 billion investment treaty claim against Algeria brought by a company owned by Egyptian billionaire Naguib Sawiris, holding that the pursuit of more than one arbitration over the same dispute amounted to an abuse of rights.

Kazakhstan gets chance to plead fraud in London

Kazakhstan gets chance to plead fraud in London

06 June 2017

An English court has ruled there is a “sufficient prima facie case” that a US$506 million Energy Charter Treaty award against Kazakhstan was obtained by fraud, even though the award has been upheld at the seat of arbitration in Sweden.

Taiwan faces first investor-state claim

Taiwan faces first investor-state claim

05 June 2017

A Singaporean company has lodged what is thought to be the first-ever investment treaty claim against Taiwan – arising from a decade-old dispute over management rights in a bank.

Chinese treaty claim against Yemen clears hurdle

Chinese treaty claim against Yemen clears hurdle

05 June 2017

An ICSID tribunal has agreed to hear a Chinese state entity’s claim against Yemen over the expropriation of its investment in a project to build an airport terminal while rejecting an attempt to import broader dispute resolution provisions from another treaty.

“Double hatting” under new scrutiny

“Double hatting” under new scrutiny

05 June 2017

A small group of highly influential “power brokers” regularly combine multiple roles in investment arbitration but the controversial practice – known as “double hatting” – is not widespread within the field, researchers at the University of Oslo have found.

Solar power investor’s claim against Italy survives threshold challenge

Solar power investor’s claim against Italy survives threshold challenge

02 June 2017

An ICSID tribunal has refused to summarily dismiss an insolvent solar power company’s Energy Charter Treaty case against Italy after finding that it was not barred as a result of an earlier case brought by the claimant’s majority shareholder.

Mexico gets early hearing on NAFTA objection

Mexico gets early hearing on NAFTA objection

31 May 2017

An ICSID tribunal has agreed to split proceedings in a US$223 million claim against Mexico so it can first determine whether loans made by a Canadian fund are protected investments under NAFTA.

Steinmetz denies bribery at ICSID hearing

Steinmetz denies bribery at ICSID hearing

26 May 2017

Embattled Israeli diamond tycoon Beny Steinmetz appeared at an ICSID hearing this week to deny claims that he ordered the payment of bribes to procure mining rights in Guinea, alleging he is the victim of a conspiracy financed by US philanthropist George Soros.

New fronts open in Spanish solar battle

New fronts open in Spanish solar battle

23 May 2017

A British investment fund that won a €128 million Energy Charter Treaty award against Spain over renewable energy subsidies has applied to a US court to enforce it, as ICSID registers yet another claim against the state relating to reforms to that sector.