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Investment Arbitration

Is ICSID losing its appeal… again?

Is ICSID losing its appeal… again?

Premium article - 29 March 2011

Recent ad hoc committees have overstepped their authority but the harm they have done to the ICSID system should not be exaggerated, a conference in Washington, DC, heard last week.

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.

Venezuela - a goldmine for lawyers?

Venezuela - a goldmine for lawyers?

Premium article - 08 February 2011

Venezuela could soon be facing billion-dollar ICSID claims by successive operators of the same mining project - one of the largest gold deposits in Latin America.

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.

Panel in place for Togo annulment bid

Panel in place for Togo annulment bid

Premium article - 30 November 2010

ICSID has announced the ad hoc committee that will hear annulment proceedings brought by the west African state of Togo against French energy company GDF-Suez.

Venezuela considers ban on arbitration in oil contracts

Venezuela considers ban on arbitration in oil contracts

Premium article - 26 November 2010

In the same week that Ecuador signed new contracts with five international oil companies waiving their right to resolve disputes at ICSID, Venezuela is contemplating a ban on the use of arbitration clauses in state contracts for the oil and gas services sector.

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

Ecuador champing at the BITs

Ecuador champing at the BITs

Premium article - 11 August 2010

Ecuador looks set to withdraw from its bilateral investment treaties with the UK and Germany after a court ruled that they are unconstitutional - and observers warn that BITs with more than a dozen other countries could go the same way.

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.