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Investment Arbitration

Swedish emergency arbitrator halts enforcement of Benin court judgment

Swedish emergency arbitrator halts enforcement of Benin court judgment

Premium article - 13 June 2017

An emergency arbitrator in Stockholm has ordered Benin to stop judges from enforcing a "grotesquely flawed" judgment of its appeal court pending the outcome of a treaty arbitration against the west African state.

Cairn seeks to halt sale in Indian back tax dispute

Cairn seeks to halt sale in Indian back tax dispute

Premium article - 12 June 2017

Scottish oil company Cairn Energy today asked an UNCITRAL tribunal to restrain India from proceeding with a forced sale of its stake in a former subsidiary, pending an investment treaty claim over a US$1.6 billion tax bill.

Belgian court unfreezes Russian assets in Yukos case

Belgian court unfreezes Russian assets in Yukos case

Premium article - 09 June 2017

A Belgian court has ordered the lifting of attachments on Russian-owned real estate and bank accounts in Brussels that were frozen two years ago at the request of one of the former majority shareholders in Yukos.

Glencore’s claim against Bolivia ready to go

Glencore’s claim against Bolivia ready to go

Premium article - 09 June 2017

A former chairman of the World Trade Organisation’s Appellate Body is heading the UNCITRAL panel hearing commodities trader Glencore’s investment treaty claim against Bolivia over the nationalisation of a tin and zinc mine, it has emerged.

Light shed on Italy's solar win

Light shed on Italy's solar win

Premium article - 08 June 2017

An award from late last year rejecting Belgian investor Blusun’s €187 million Energy Charter Treaty claim against Italy over reforms in the country’s solar sector has been published this week.

Singapore grabbing share of investment arbitration despite “hot potato” case

Singapore grabbing share of investment arbitration despite “hot potato” case

Premium article - 07 June 2017

A major change of the past few years has been Singapore’s emergence as a hub for investment treaty arbitration. Speakers at GAR Live Singapore considered its role in this regard, with particular reference to the “political hot potato” of the Sanum v Laos case.

Telecoms claim against Algeria dismissed as abusive

Telecoms claim against Algeria dismissed as abusive

Premium article - 06 June 2017

An ICSID tribunal has dismissed a US$4 billion investment treaty claim against Algeria brought by a company owned by Egyptian billionaire Naguib Sawiris, holding that the pursuit of more than one arbitration over the same dispute amounted to an abuse of rights.

Kazakhstan gets chance to plead fraud in London

Kazakhstan gets chance to plead fraud in London

Premium article - 06 June 2017

An English court has ruled there is a “sufficient prima facie case” that a US$506 million Energy Charter Treaty award against Kazakhstan was obtained by fraud, even though the award has been upheld at the seat of arbitration in Sweden.

Taiwan faces first investor-state claim

Taiwan faces first investor-state claim

Premium article - 05 June 2017

A Singaporean company has lodged what is thought to be the first-ever investment treaty claim against Taiwan – arising from a decade-old dispute over management rights in a bank.

Chinese treaty claim against Yemen clears hurdle

Chinese treaty claim against Yemen clears hurdle

Premium article - 05 June 2017

An ICSID tribunal has agreed to hear a Chinese state entity’s claim against Yemen over the expropriation of its investment in a project to build an airport terminal while rejecting an attempt to import broader dispute resolution provisions from another treaty.