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Investment Arbitration

Argentina to settle more treaty awards

Argentina to settle more treaty awards

Premium article - 16 May 2016

Continuing a recent trend of settling investor disputes, Argentina has announced it will pay US$217 million to satisfy two investment treaty awards – including one that gave rise to high-profile US Supreme Court proceedings.

Italian arbitrator disqualified after bribery challenge

Italian arbitrator disqualified after bribery challenge

Premium article - 12 May 2016

An Italian arbitrator accused of taking a bribe to determine the outcome of a €3 billion dispute between a US insurer and its former business partner has been removed from the case by a court in Milan.

Montenegro wins first ICSID case

Montenegro wins first ICSID case

Premium article - 06 May 2016

Montenegro has prevailed in a dispute with Netherlands-registered investors in a bankrupt steel plant that was filed just months after the state signed the ICSID Convention in 2012.

Russian republic brings treaty claim against Ukraine

Russian republic brings treaty claim against Ukraine

Premium article - 05 May 2016

The Russian republic of Tatarstan has filed a US$300 million treaty claim against Ukraine over the state’s alleged complicity in the takeover of an oil refinery, as claims brought against Russia by Ukrainian investors in Crimea progress in The Hague.

TREATY COLUMN: How is an agreement to arbitrate formed?

Premium article - 03 May 2016

An ICSID tribunal that recently dismissed a claim against Turkmenistan adopted a novel test to determine whether compliance with a treaty’s local litigation requirement was an issue of jurisdiction or admissibility. Linklaters partner Matthew Weiniger QC and associate Stephanie Tang in London report

Ukrainian court told to reconsider emergency award

Ukrainian court told to reconsider emergency award

Premium article - 29 April 2016

A Kiev appeal court that blocked the enforcement of an emergency arbitration award against Ukraine over gas royalties has been ordered to reconsider its ruling – as new counsel come on board for a related Energy Charter Treaty claim.

Venezuela must pay for stay, says committee

Venezuela must pay for stay, says committee

Premium article - 22 April 2016

An ICSID annulment committee has refused to lift a stay of enforcement on a US$34 million award in favour of investors in a Caribbean airport – but ordered Venezuela to post an “unconditional and irrevocable” bank guarantee for the full amount of the award plus interest and costs.

US$50 billion Yukos awards set aside in The Hague

US$50 billion Yukos awards set aside in The Hague

Premium article - 20 April 2016

UPDATED. In a spectacular reversal of fortune for Russia, a court in The Hague has set aside the US$50 billion Energy Charter Treaty awards in favour of the former majority shareholders in the Yukos Oil Company on jurisdictional grounds.

The overturning of a US$50 billion award

The overturning of a US$50 billion award

Premium article - 20 April 2016

Unsurprisingly, the day has been dominated by discussion of the set-aside of the US$50 billion Yukos awards and the effect it will have on enforcement proceedings against Russia in six jurisdictions worldwide.

Burundi claim leads to Pyrrhic victory

Burundi claim leads to Pyrrhic victory

Premium article - 15 April 2016

An ICSID tribunal has found Burundi liable for failing to prevent the occupation of a Belgian businessman’s property by squatters, but awarded him only half the amount that he spent in bringing the arbitration.