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Investment Arbitration

Ecuador to challenge Chevron denial of justice award

Ecuador to challenge Chevron denial of justice award

21 September 2018

Ecuador’s attorney general has said the state will apply to annul an investment treaty award that held it liable for a denial of justice in a US$9.5 billion dispute with Chevron over environmental contamination in the Amazon – also stating that it will renegotiate its contracts with external counsel.

Algerian airline award survives Swiss challenge

Algerian airline award survives Swiss challenge

21 September 2018

An embattled Quebec construction company that won an ICC award against Algeria’s national airline over the termination of a US$100 million contract has failed to overturn some of the arbitrators’ findings on damages.

First emergency arbitrator award issued in mainland China

First emergency arbitrator award issued in mainland China

21 September 2018

The first known award of an emergency arbitrator in mainland China has been issued in a case under the rules of the Beijing Arbitration Commission and immediately enforced in Hong Kong.

Yukos shareholders fail in initial White & Case discovery bid

Yukos shareholders fail in initial White & Case discovery bid

20 September 2018

A US court has rejected a request by the former majority shareholders in Yukos to obtain discovery from White & Case regarding work carried out for the oil company by the firm’s chairman Hugh Verrier in the 1990s – although they can try again after serving notice of their attempt.

Egypt faces claim over abandoned new city

Egypt faces claim over abandoned new city

20 September 2018

Thirteen Kuwaiti investors have brought a long-threatened claim against Egypt at ICSID, seeking billions of dollars compensation for a cancelled project to build a new city south of Cairo.

Costa Rica defeats claim over environmental measures

Costa Rica defeats claim over environmental measures

19 September 2018

A DR-CAFTA tribunal has dismissed a US$100 million claim by a group of US real estate investors against Costa Rica after finding that measures taken by state authorities to protect wetlands and forests were not arbitrary or in breach of the trade agreement.

Fugitive businessman threatens claims against El Salvador

Fugitive businessman threatens claims against El Salvador

18 September 2018

Lawyers for fugitive Salvadorean businessman José Enrique Rais-López have warned that they may invoke a bilateral investment treaty between Switzerland and El Salvador to protect their client from what they allege is political persecution – with another possible resort being a claim under DR-CAFTA.

Ukraine threatened over Russian asset freeze

Ukraine threatened over Russian asset freeze

17 September 2018

A Russian state-owned bank has threatened to bring a bilateral investment treaty claim against Ukraine after its local assets were frozen at the behest of a group of Ukrainian creditors seeking to enforce a BIT award.

France warned over oil and gas bill

France warned over oil and gas bill

13 September 2018

A Canadian oil and gas company warned France that it could face an Energy Charter Treaty claim over draft legislation banning domestic oil and gas production before a softened version of the bill was enacted, it has emerged.

Zuleta defeats ‘prejudgment’ challenge

Zuleta defeats ‘prejudgment’ challenge

13 September 2018

Spain has failed to unseat Colombian arbitrator Eduardo Zuleta from one of the numerous Energy Charter Treaty cases it faces, after his co-panellists ruled his chairing of another tribunal which ruled against the state does not mean he prejudged issues.