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Investment Arbitration

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

TREATY ARBITRATION : ASEAN's Comprehensive Investment Agreement

Premium article - 20 July 2009

The ASEAN member states recently adopted a new investment treaty. Matthew Weiniger (partner) and Anna Kirk (associate) at Herbert Smith LLP look at how it changes the position

Freshfields advises on telecoms claims against Yemen

Premium article - 13 May 2009

Freshfields Bruckhaus Deringer is advising on two similar claims against Yemen by GSM mobile operators, under ICSID and UNCITRAL rules.

Dutch court criticises Russian annulment decision

Premium article - 08 May 2009

The Court of Appeal in Amsterdam has refused to accept an annulment decision issued in Russia, saying that Russian courts are "not independent or impartial" in most instances.

Algeria passes new arbitration law

Premium article - 06 May 2009

The new international arbitration law that has just entered force in Algeria contains a number of innovations, including one that allows enforcement of awards that have been annulled elsewhere.