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Investment Arbitration

Measures targeting health insurers lead to new claim against Slovakia

Measures targeting health insurers lead to new claim against Slovakia

Premium article - 07 February 2013

Achmea has filed a new treaty claim against Slovakia in a bid to prevent a threatened expropriation – just days after the state asked a Frankfurt court to annul a €22 million award in the Dutch health insurer’s favour.

A meaty new case for Shearman & Sterling

A meaty new case for Shearman & Sterling

Premium article - 06 February 2013

Croatia has retained Shearman & Sterling to fight the first ICSID claim filed against the state, over the expropriation of a meat processing group.

ICSID throws out Tanzania claim

ICSID throws out Tanzania claim

Premium article - 09 January 2013

An ICSID tribunal has ruled that it lacks jurisdiction to hear a claim brought by the UK’s Standard Chartered Bank against Tanzania in a dispute over a claimed investment in a power plant near Dar es Salaam.

Who is sitting at ICSID? A six-month round-up

Who is sitting at ICSID? A six-month round-up

Premium article - 14 December 2012

The past six months have seen the formation of 18 ICSID panels and one conciliation commission, and multiple appointments for Chilean arbitrator Francisco Orrego Vicuña, Australian Zachary Douglas and Costa Rican Rodrigo Oreamuno.

Oxus Gold claim survives jurisdictional challenge

Oxus Gold claim survives jurisdictional challenge

Premium article - 16 November 2012

An UNCITRAL claim brought by London-listed mining company Oxus Gold against Uzbekistan has survived a preliminary jurisdictional challenge, as it is revealed that White & Case has replaced the collapsed Dewey & LeBoeuf as counsel to the state.

Australian gold to fund rest of PacRim claim

Australian gold to fund rest of PacRim claim

Premium article - 02 November 2012

Canada’s Pacific Rim Mining Corporation is to fund the remainder of its ICSID arbitration with El Salvador using the proceeds from a private placement of shares agreed with Australian gold miner OceanaGold.

INVESTMENT TREATY ARBITRATION: Security for costs at ICSID – an extreme proposition

Premium article - 19 October 2012

Matthew Weiniger and Andrew Cannon of Herbert Smith Freehills in London report on a recent ICSID annulment committee decision affirming the principle that security for costs may only be issued in "extreme circumstances".

Split ICSID panel finds for Oxy against Ecuador

Split ICSID panel finds for Oxy against Ecuador

Premium article - 05 October 2012

In a keenly anticipated decision, a majority ICSID panel chaired by Canadian Yves Fortier has ordered Ecuador to pay Occidental Petroleum US$1.8 billion - thought to be around US$2.3 billion with interest - for the cancellation of a 30-year oil concession.

NEW YORK: Arbitrating with states and state entities under ICC rules

Premium article - 25 September 2012

An ICC conference in New York considered arbitration with states and state entities under the institution’s rules and emerging issues in investment arbitration. Louis Russo, associate at the host law firm, Winston & Strawn, reports.

South Sudan hit with ICSID claim from the north

South Sudan hit with ICSID claim from the north

Premium article - 03 September 2012

South Sudan has been an independent state for little more than a year and only signed the ICSID Convention in April – but it is already facing a claim from the national oil company of its northern neighbour, Sudan.