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Investment Arbitration

Kazakhstan gets more time to plead fraud in Amsterdam

Kazakhstan gets more time to plead fraud in Amsterdam

16 November 2018

A Dutch court has ordered further briefing on an application to enforce a US$530 million Energy Charter Treaty award against Kazakhstan so that the state can present more evidence to support its claim that the award was obtained fraudulently.

Spain ordered to pay after another ECT loss

Spain ordered to pay after another ECT loss

15 November 2018

A Danish company has announced a victory in an Energy Charter Treaty arbitration with Spain – yet another defeat for the state in the line of disputes that have arisen over reforms to its renewable energy subsidy regime.

Enforcement action against Moldova resumes

Enforcement action against Moldova resumes

14 November 2018

A US court has allowed a Ukrainian company to resume an action to enforce a US$50 million Energy Charter Treaty award against Moldova despite the state’s renewed effort to have it annulled by the courts at the arbitral seat in France.

Germany challenges entire Vattenfall tribunal

Germany challenges entire Vattenfall tribunal

14 November 2018

Germany has applied to disqualify all three members of the ICSID tribunal hearing a €4.7 billion Energy Charter Treaty claim filed by Swedish nuclear investor Vattenfall, weeks after the arbitrators posed questions to the parties.

ICC panel rejects treaty claim against Kazakhstan

ICC panel rejects treaty claim against Kazakhstan

14 November 2018

An ICC tribunal has rejected a treaty claim filed against Kazakhstan by a Turkish investor in one of the country’s most important airports.

Scrapping of Mexican airport project may trigger treaty claims

Scrapping of Mexican airport project may trigger treaty claims

13 November 2018

An ICC claim is underway concerning cost overruns on a US$13.3 billion project to build a new international airport in Mexico City, as practitioners warn that the state may face a flurry of investment treaty claims if the incoming government makes good on a promise to scrap the project entirely.

Egypt sees settlement of post-revolution claim

Egypt sees settlement of post-revolution claim

12 November 2018

A London-seated UNCITRAL arbitration against Egypt that arose from the judicial unwinding of a Mubarak-era privatisation of a steam boiler manufacturer in the wake of the 2011 revolution has settled after two years of talks.

Neighbour states win and lose at ICSID

Neighbour states win and lose at ICSID

12 November 2018

In a pair of yet-to-be published ICSID awards issued at the end of last week, Romania has defeated a US$450 million claim by a Swiss energy company over cancelled energy supply contracts, while neighbouring Serbia has been found liable in a case over its alleged failure to fairly apply regulations on the disposal of animal waste.

The Belt and Road imbalance under scrutiny at GAR Live

The Belt and Road imbalance under scrutiny at GAR Live

12 November 2018

A panel at GAR Live Hong Kong discussed the imbalance of power in the negotiation of contracts related to China’s Belt and Road plan and whether it can be mitigated.

Germany’s top court shows obedience to Achmea

Germany’s top court shows obedience to Achmea

09 November 2018

After its request for a preliminary ruling from the Court of Justice of the European Union led to the notorious Achmea decision, Germany's top court has followed that judgment’s reasoning and set aside an award in favour of the Dutch insurer based on an intra-EU investment treaty.