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Investment Arbitration

Chevron wins payout from Ecuador for 'undue delay'

Chevron wins payout from Ecuador for 'undue delay'

Premium article - 06 September 2011

Ecuador must pay Chevron US$96 million over the failure of its courts to resolve multiple contractual disputes over 15 years, a tribunal at The Hague has ruled.

Green light for mass claim against Argentina

Green light for mass claim against Argentina

Premium article - 18 August 2011

ICSID is to hear the first mass claim in investment arbitration history, after a tribunal ruled that it has jurisdiction over claims by 60,000 Italian bondholders arising from Argentina's sovereign debt default.

Moldova ratifies ICSID Convention

Moldova ratifies ICSID Convention

Premium article - 16 May 2011

Moldova has ratified the ICSID Convention - nearly 20 years after signing it following the dissolution of the Soviet Union.

ICSID claimant sues third-party funder

ICSID claimant sues third-party funder

Premium article - 18 March 2011

The claimant in an abandoned ICSID case against Romania is suing the third-party funder that helped to finance the claim, leaked court documents have revealed.

INVESTMENT TREATY ARBITRATION: Article 22 no longer a catch for Venezuela

INVESTMENT TREATY ARBITRATION: Article 22 no longer a catch for Venezuela

Premium article - 25 January 2011

Matthew Weiniger and Christian Leathley, of Herbert Smith LLP in London, report on the recent examination of Venezuela’s foreign investment law as a basis for ICSID jurisdiction in Cemex v Venezuela.

INVESTMENT TREATY ARBITRATION: Ad hoc committee annuls Sempra

Premium article - 01 September 2010

A recent decision in the longrunning case of Sempra Energy v Argentina saw an ad hoc ICSID committee annul the tribunal’s award on the basis that the tribunal had manifestly exceeded its powers. Matthew Weiniger and Ruth Byrne of Herbert Smith LLP report

US court refuses to set aside Argentina awards

US court refuses to set aside Argentina awards

Premium article - 11 June 2010

A district court in Washington, DC, has denied Argentina's request to set aside two UNCITRAL awards in favour of UK energy companies BG Group and National Grid, both arising from emergency measures during the country's 2002 debt crisis.

Venezuela and Bolivia face new ICSID claims

Premium article - 30 April 2010

Two new arbitration claims have been filed at ICSID against Venezuela and Bolivia relating to oil and gas expropriations.

Arbitrator disqualified for "unfavourable view" of Ecuador in press interview

Arbitrator disqualified for "unfavourable view" of Ecuador in press interview

Premium article - 11 December 2009

An arbitrator appointed by Perenco to hear its ICSID claim against Ecuador has been disqualified, after the state argued that an interview he gave to the press raised justifiable doubts about his impartiality.

TREATY ARBITRATION: Phoenix Action v Czech Republic - investment requires good faith

Premium article - 02 September 2009

A tribunal has modified and expanded the Salini criteria in a decision whose precise effect is intriguing but uncertain. By Matthew Weiniger (partner) and Matthew Page (associate) of Herbert Smith in London