• Search

Investment Arbitration

El Salvador defeats controversial ICSID claim

El Salvador defeats controversial ICSID claim

Premium article - 17 October 2016

After a seven-year arbitration that has been closely watched by NGOs, El Salvador has defeated a US$250 million ICSID claim brought by an Australian-owned company over the state’s refusal to grant gold-mining licences on environmental grounds.

After NAFTA defeat, Canada refuses to fold against paper claim

After NAFTA defeat, Canada refuses to fold against paper claim

Premium article - 17 October 2016

Details have emerged of a US$70 million NAFTA claim launched by a US forestry company against Canada over the closure of a paper mill in Quebec – days after the state was ordered to pay the largest award ever issued against it under the free trade agreement.

Swiss court agrees French trader had no investment in Vietnam

Swiss court agrees French trader had no investment in Vietnam

Premium article - 17 October 2016

Switzerland’s top court has affirmed a tribunal’s decision that it lacked jurisdiction to hear an UNCITRAL claim against Vietnam because the claimant, a French trader of merchandise, did not have an investment in the state.

Canada blasted with NAFTA award over wind farm

Canada blasted with NAFTA award over wind farm

Premium article - 14 October 2016

A NAFTA tribunal has ordered Canada to pay US$21 million in damages and costs to a US investor in a failed wind energy project – an award that is being reported as the largest granted against the state under the treaty.

Germany given green light to sign CETA by top court

Germany given green light to sign CETA by top court

Premium article - 14 October 2016

Germany’s highest court has given the government the green light to sign the Comprehensive Economic and Trade Agreement, a trade deal between the European Union and Canada, but stipulated that parts of the deal that concern “investor protection issues” should not be provisionally applicable.

Israeli groups threaten Cyprus with ICSID claims

Israeli groups threaten Cyprus with ICSID claims

Premium article - 13 October 2016

Israeli groups have threatened Cyprus with two new claims at ICSID – over tenders to explore for hydrocarbons and run two desalination facilities.

ICSID win for Peru leads to ICC claim

ICSID win for Peru leads to ICC claim

Premium article - 11 October 2016

A consortium led by the US’s Hunt Oil has filed an ICC claim after it was hit with additional invoices for gas supplied from one of Peru’s largest natural gas projects in the wake of an ICSID ruling last year.

PDVSA faces second lawsuit over asset transfer

PDVSA faces second lawsuit over asset transfer

Premium article - 11 October 2016

US oil company ConocoPhillips has filed a lawsuit in Delaware accusing Venezuelan state entity PDVSA of seeking to fraudulently transfer its US assets abroad to escape the reach of arbitration creditors – following a similar suit by a Canadian investor.

Defending investment arbitration “a lost battle”, says Pinsolle

Defending investment arbitration “a lost battle”, says Pinsolle

Premium article - 11 October 2016

In a speech at the Dutch Arbitration Day, prominent practitioner Philippe Pinsolle argued that seeking to defend investment arbitration is a “lost battle” and expressed his support for replacing it with a permanent court.

Colombia threatened with billion-euro power claim

Colombia threatened with billion-euro power claim

Premium article - 07 October 2016

In a turbulent week for Colombia, it has emerged that Spanish energy company Gas Natural Fenosa is threatening an investment treaty claim against the state to recover €1 billion in defaulted electricity payments.