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Investment Arbitration

Indonesia defeats bank bailout claim

Indonesia defeats bank bailout claim

Premium article - 17 July 2013

An ICSID panel has thrown out a US$75 million claim against Indonesia brought by a UK shareholder in a bailed-out bank, while rejecting the state's argument that the treaty in question doesn't extend to banking investors at all.

UNCITRAL adopts transparency rules for investor-state cases

UNCITRAL adopts transparency rules for investor-state cases

Premium article - 16 July 2013

The United Nations Commission on International Trade Law has adopted new rules for transparency in treaty-based investor-state arbitrations, to take effect next year.

Who is sitting at ICSID? – a tribunal round-up

Who is sitting at ICSID? – a tribunal round-up

Premium article - 08 July 2013

The past 10 weeks have seen eight new ICSID panels formed to hear claims involving Croatia, Honduras, Latvia, Macedonia, Peru, South Korea and Zimbabwe – including first-time appointments for five arbitrators.

Uruguay fails to stub out Philip Morris claim

Uruguay fails to stub out Philip Morris claim

Premium article - 05 July 2013

An ICSID tribunal has agreed to hear tobacco producer Philip Morris International's claim against Uruguay, over what the company calls "extreme and unnecessary" restrictions on the packaging of cigarettes.

Caribbean court overturns Belize injunction

Caribbean court overturns Belize injunction

Premium article - 26 June 2013

The Caribbean Court of Justice has upheld a bank's right to pursue an investment treaty claim against Belize, overturning a local court injunction against the arbitral proceedings.

From father to daughter: Pey hands on Chile claim

From father to daughter: Pey hands on Chile claim

Premium article - 25 June 2013

ICSID's longest-running dispute has entered a new chapter, as the daughter of 97-year old Spanish publisher Victor Pey Casado files a new claim for US$150 million against Chile after acquiring the rights to the case from her father.

GENEVA: Using ICJ case law as a fig leaf

GENEVA: Using ICJ case law as a fig leaf

Premium article - 07 June 2013

Delivering this year's Lalive lecture, French international law professor and arbitrator Alain Pellet considered the impact of the case law of the International Court of Justice on ICSID tribunals. Guillaume Tattevin, associate at Lalive in Geneva, reports

Miner secures funding for Bolivia claim

Miner secures funding for Bolivia claim

Premium article - 28 May 2013

Canadian mining company South American Silver has found a third-party funder to cover the costs of its Bermudan subsidiary's investment treaty claim against Bolivia.

Silver miner brings claim against Bolivia

Silver miner brings claim against Bolivia

Premium article - 02 May 2013

A Bermudan subsidiary of Canada's South American Silver has brought an investment treaty claim against Bolivia over the nationalisation of the Malku Khota mine last year.

Moldova held liable in duty-free dispute

Moldova held liable in duty-free dispute

Premium article - 15 April 2013

An ICSID tribunal has given Moldova 60 days to offer restitution to a French investor or pay damages of €2 million, after a local court invalidated his lease agreement for an airport duty-free store.