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Investment Arbitration

Motorbike maker fails in NAFTA claim against Mexico

Motorbike maker fails in NAFTA claim against Mexico

07 July 2020

Mexico has defeated a reported US$3 billion NAFTA claim brought by a US motorcycle manufacturer over a customs duty imposed on its imported bikes after the state concluded they were being manufactured in China, not the US.

Funder seeks to enforce against Kyrgyzstan

Funder seeks to enforce against Kyrgyzstan

07 July 2020

An affiliate of Burford Capital has applied to a US court to enforce a US$24 million investment treaty award against Kyrgyzstan over the state’s expropriation of mining rights.

UK court clarifies procedure for enforcing ICSID awards

UK court clarifies procedure for enforcing ICSID awards

06 July 2020

The High Court in London has affirmed that ICSID awards can be registered in the UK on an ex parte basis, and that normal service requirements in a US$2 billion enforcement action against Egypt can be dispensed with in circumstances where a diplomatic bag sent from Cairo to London went missing.

Azerbaijan hit with claim over oilfield sale

Azerbaijan hit with claim over oilfield sale

02 July 2020

A Georgian businessman has filed an Energy Charter Treaty claim against Azerbaijan, seeking more than US$700 million in compensation over alleged interference by the state energy company leading up to the sale of his stake in an oil and gas field.

Libya held liable over civil war disruption

Libya held liable over civil war disruption

01 July 2020

An ICSID tribunal has ordered Libya to pay €74 million in damages to an Austrian construction company over infrastructure projects that were disrupted by the country's civil war.

Funder in place for mining claim against Poland

Funder in place for mining claim against Poland

30 June 2020

An Australian mining company says it has secured third-party funding for an imminent investment treaty claim against Poland over the obstruction of two coal projects.

China faces claim from Japanese trading house

China faces claim from Japanese trading house

30 June 2020

A Japanese construction materials trader has launched an ICSID claim against China over a real estate project – in what is thought to be the first treaty claim brought by a Japanese investor against the state.

Spain fails to unseat Spigelman in solar case

Spain fails to unseat Spigelman in solar case

29 June 2020

Spain has failed to disqualify Australian James Spigelman QC from hearing an ICSID claim brought by a Belgian solar investor on the ground that he had “prejudged” the case through his participation in a previous case relating to the state’s renewable energy reforms.

Iraq faces billion-dollar claim over cement plant

Iraq faces billion-dollar claim over cement plant

29 June 2020

A German company has filed a US$1 billion ICSID claim against Iraq over the alleged expropriation of its cement production business.

Bank’s claim against Croatia clears intra-EU hurdle

Bank’s claim against Croatia clears intra-EU hurdle

24 June 2020

An ICSID tribunal hearing an Austrian bank’s claim against Croatia has ruled that investor-state arbitration under an intra-EU bilateral investment treaty is not incompatible with the EU legal order – holding that the Achmea ruling does not apply to all intra-EU BITs.