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Investment Arbitration

Italy fails to knock out intra-EU claim over oil field

Italy fails to knock out intra-EU claim over oil field

28 June 2019

LINK TO DECISION ADDED: An ICSID tribunal has upheld jurisdiction over a British company’s claim against Italy concerning an oil and gas field in the Adriatic – finding that it is not precluded from hearing an intra-EU dispute under the Energy Charter Treaty.

Niko brings new ICSID claim over Bangladeshi gas block

Niko brings new ICSID claim over Bangladeshi gas block

27 June 2019

Canadian energy company Niko Resources has launched a new ICSID claim worth US$100 million against Bangladesh and its national oil and gas company Petrobangla over withheld payments – after seeing off allegations of corruption in a separate arbitration that is now in its 10th year.

Panel to hear combined claims over Spanish bank

Panel to hear combined claims over Spanish bank

26 June 2019

An UNCITRAL tribunal is in place to hear consolidated treaty claims filed against Spain by investors in a rescued bank, as yet another award relating to the state’s renewable energy reforms is submitted to the US courts for enforcement.

ICC rejects challenge based on repeat appointments by investors

ICC rejects challenge based on repeat appointments by investors

25 June 2019

Cameroon has failed in a bid to dislodge Argentine arbitrator Horacio Grigera Naón as tribunal chair in a long-running ICC arbitration on the grounds of his failure to disclose repeated appointments by private parties in disputes involving states or state entities.

Renewing the relationship between treaties and custom in ISDS

Renewing the relationship between treaties and custom in ISDS

25 June 2019

A seminar organised by the British Institute of International and Comparative Law and Withers explored the relationship between treaties and customary international law in investment treaty arbitration. Robert Kovacs and Sudipta Purkayastha of Withers in London report.

Estonia defeats intra-EU claim over water tariff cap

Estonia defeats intra-EU claim over water tariff cap

24 June 2019

An ICSID tribunal has dismissed a €65 million intra-EU claim against Estonia concerning a cap on the profits of water utility companies.

Greenwood panel rejects intra-EU objection

Greenwood panel rejects intra-EU objection

21 June 2019

LINK TO DECISION ADDED: An ICSID tribunal chaired by Sir Christopher Greenwood QC has upheld jurisdiction over a claim by a group of German banks against Spain, finding that EU law does not preclude arbitration of intra-EU investment disputes under the Energy Charter Treaty despite the views of most EU member states.

Sanctioned Russian bank brings treaty claim against Ukraine

Sanctioned Russian bank brings treaty claim against Ukraine

21 June 2019

A Russian state-owned development bank has launched an investment treaty claim against Ukraine in response to sanctions affecting its local subsidiary.

Mexican taxi tech leads to NAFTA and ICC disputes

Mexican taxi tech leads to NAFTA and ICC disputes

20 June 2019

A joint venture that was granted a US$2.4 billion concession to provide digital taximeter and ride-hailing technology for taxi cabs in Mexico City is the subject of a threatened NAFTA claim and a pending ICC arbitration, it has emerged.

Albania liable for expropriating TV station

Albania liable for expropriating TV station

19 June 2019

An ICSID tribunal has ordered Albania to pay €110 million to a group of Italian investors for the expropriation of a television company, finding there was evidence to suggest it was the target of a politically motivated campaign.