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Investment Arbitration

Expert witness survives challenge in Panama case

Expert witness survives challenge in Panama case

08 January 2019

An ICSID tribunal hearing a case between US subsidiaries of Japanese tyre maker Bridgestone and Panama has refused to remove an expert witness hired by the state to give evidence on Panamanian law, where he had previously been in discussions with the claimants’ counsel about giving evidence for them.

Morocco and Mexico face ICSID claims

Morocco and Mexico face ICSID claims

04 January 2019

A German scrap recycler and US construction materials company have had their claims against Morocco and Mexico registered by ICSID, while an almost decade old dispute at the centre between a US investor and Venezuela has settled.

What you missed at ICSID

What you missed at ICSID

02 January 2019

Five new claims against Peru, Venezuela, Bulgaria, Spain and Turkey were registered by ICSID over the holiday period as well as a rectification proceeding initiated by a Swiss energy company after the defeat of its US$450 million claim against Romania.

Italy suffers first loss in solar claim

Italy suffers first loss in solar claim

02 January 2019

A Stockholm Chamber of Commerce tribunal has found Italy liable for breaching the Energy Charter Treaty – the first known award made against the state in the series of claims it faces over changes to regulations governing its solar power sector.

Mexico will face limestone quarry NAFTA claim

Mexico will face limestone quarry NAFTA claim

18 December 2018

Two subsidiaries of a US construction materials company have made good on a threat to bring a NAFTA claim against Mexico over alleged discriminatory measures that harmed its investment in a limestone quarry.

Award against Argentina upheld despite committee’s qualms

Award against Argentina upheld despite committee’s qualms

18 December 2018

An ICSID committee has declined to annul a US$226 million award won by European water and waste management investors against Argentina, while expressing qualms about the "generally unsatisfactory" nature of the arbitrator challenge process that led to Gabrielle Kaufmann-Kohler being cleared of a conflict of interest in the case and the extent to which the tribunal reproduced reasoning from other awards.

How Egypt “aced the test of the Arab Spring”

How Egypt “aced the test of the Arab Spring”

17 December 2018

Speaking at a conference in the Egyptian resort of Sharm El Sheikh, Cairo-based arbitration specialist Karim Youssef has called for the elimination of stigma surrounding investment treaty arbitration, arguing that the numerous cases brought against Egypt in the wake of the Arab Spring and the state's reaction to them show the process working well.

Case against Tunisia resumes with new panel

Case against Tunisia resumes with new panel

17 December 2018

A long-running ICSID arbitration against Tunisia which was suspended after the resignation of all the arbitrators on the tribunal for the jurisdiction and liability phases of the case has started up again with a new panel in place.

Venezuela fails to annul bottlemaker's award

Venezuela fails to annul bottlemaker's award

12 December 2018

An ICSID committee has upheld a bottlemaking company's US$485 million award against Venezuela – rejecting arguments that arbitrator Alexis Mourre had a conflict of interests because of short-lived plans to do consulting work for Dechert.

Swiss court upholds treaty award against India

Swiss court upholds treaty award against India

11 December 2018

The Swiss Federal Supreme Court has rejected India’s challenge to an UNCITRAL award in favour of Deutsche Telekom – marking the second time it has publicly deliberated over an investment treaty case in as many months.