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Investment Arbitration

Spain seeks annulment of solar award as arbitrator challenge rejected

Spain seeks annulment of solar award as arbitrator challenge rejected

20 November 2019

Spain is seeking to annul a €34 million ICSID award won by Luxembourgish and French private equity investors over changes to the country’s renewable energy subsidy regime – while the state’s attempt to disqualify UK arbitrator Peter Rees from another claim filed over the reforms has been rejected.

Mozambique defeats claim under BIT that “never entered into force”

Mozambique defeats claim under BIT that “never entered into force”

20 November 2019

An ICSID additional facility tribunal has dismissed a South African businessman’s US$96 million bilateral investment treaty claim against Mozambique after finding there was insufficient proof that the BIT had ever entered into force.

EU reveals multiple threats of ECT claims

EU reveals multiple threats of ECT claims

20 November 2019

Two months after the EU was hit with its first Energy Charter Treaty claim, the European Commission has revealed it has also faced threats of ECT claims from UK, Swiss and Dutch investors.

Pakistan seeks annulment of US$6 billion award

Pakistan seeks annulment of US$6 billion award

19 November 2019

Pakistan has applied to annul an ICSID award ordering it to pay US$5.9 billion to an Australian mining venture for the denial of a lease to mine a valuable copper and gold deposit – citing alleged defects in the award and a failure to apply Pakistani law to corruption allegations.

Bangladesh risks ICSID claim over telecoms audit

Bangladesh risks ICSID claim over telecoms audit

19 November 2019

Norwegian telecoms group Telenor has reportedly threatened Bangladesh with an ICSID claim after its local subsidiary was hit with a US$1.5 billion tax demand.

ICSID claimant fails to lift asset freeze in feud over Dubai islands deal

ICSID claimant fails to lift asset freeze in feud over Dubai islands deal

18 November 2019

More details of a British businessman’s ICSID claim against the United Arab Emirates have come to light after an English court upheld a freezing order against his worldwide assets in a dispute over the purchase of land on a man-made archipelago.

Trio launch disputes boutique in Europe and US

Trio launch disputes boutique in Europe and US

18 November 2019

Portuguese arbitrator Duarte G Henriques has teamed up with US lawyers Kathryn Lee Boyd and George Yates to found Victoria Associates, a disputes boutique with five offices in Europe and the US.

Negotiations for ECT revamp to begin soon

Negotiations for ECT revamp to begin soon

14 November 2019

Negotiations will begin next month on the modernisation of the Energy Charter Treaty following wide-ranging proposals for reform by its signatories.

Hungary ordered to pay damages in intra-EU claim

Hungary ordered to pay damages in intra-EU claim

14 November 2019

An ICSID tribunal has upheld its jurisdiction and awarded a UK farming company €7 million in an intra-EU investment treaty claim brought over the expropriation of a plot of land – a dispute which also saw an intervention from former UK Prime Minister David Cameron.

Venezuela knocks out claim by dual nationals

Venezuela knocks out claim by dual nationals

14 November 2019

A tribunal has declined jurisdiction over a US$370 million investment treaty claim against Venezuela after finding that the state had not consented to UNCITRAL arbitration – also saying it would have rejected the case in any event because of the investors’ dual nationality.