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Investment Arbitration

EU-Canada investment court gets green light

EU-Canada investment court gets green light

30 April 2019

The Court of Justice of the European Union has ruled that the investor-state dispute settlement mechanism in the EU-Canada free trade agreement known as CETA – including provisions for an “investment court system” – is compatible with EU law.

New claims against UAE and Nepal

New claims against UAE and Nepal

29 April 2019

UPDATED WITH COUNSEL: A UK national has launched an ICSID claim against the United Arab Emirates, while Nepal is facing its first case at the centre – a US$350 million dispute with subsidiaries of a Malaysian telecoms conglomerate.

Swedish court won’t consult ECJ on ECT

Swedish court won’t consult ECJ on ECT

26 April 2019

A Swedish court considering whether to annul a €53 million Energy Charter Treaty award against Spain has refused to seek a preliminary ruling from the European Court of Justice on the treaty’s applicability in intra-EU investment disputes.

North Macedonia faces claim from mining investors

North Macedonia faces claim from mining investors

26 April 2019

The newly renamed state of North Macedonia is facing an ICSID claim reportedly worth €380 million from Ukrainian investors in a mining company whose concession was revoked on environmental grounds.

Shell and Chevron win tax case against the Philippines

Shell and Chevron win tax case against the Philippines

25 April 2019

An ICC tribunal has reportedly sided with subsidiaries of Shell and Chevron in a multibillion-dollar dispute with the Philippines over back-taxes on revenue from an offshore gas field, while a related ICSID claim continues.

EU threatened with first ECT claim

EU threatened with first ECT claim

24 April 2019

A Gazprom subsidiary developing a politically-sensitive natural gas pipeline project has threatened to bring an Energy Charter Treaty claim against the European Union if it is not exempted from the scope of new EU legislation.

Why the Swedish court decision in PL Holdings is consistent with Achmea

Why the Swedish court decision in PL Holdings is consistent with Achmea

24 April 2019

Stephen Fietta QC of Fietta in London and Robin Oldenstam of Mannheimer Swartling in Stockholm explain why a recent Swedish court decision upholding two intra-EU BIT awards relied on long-established rules of Swedish arbitration law and was consistent with the Achmea judgment.

Pharma investors put Venezuela on notice

Pharma investors put Venezuela on notice

24 April 2019

A Spanish family have threatened Venezuela with a US$200 million investment treaty claim over the expropriation of their pharmaceuticals business.

Costa Rica faces ICSID claim over public health measures

Costa Rica faces ICSID claim over public health measures

23 April 2019

A Spanish businessman has launched a US$100 million ICSID claim against Costa Rica over measures that targeted his chicken meat processing business on public health grounds.

Omani state fund withdraws claim against Bulgaria

Omani state fund withdraws claim against Bulgaria

23 April 2019

Oman’s largest sovereign wealth fund has withdrawn an €80 million ICSID claim against Bulgaria over losses arising from a collapsed bank, the Balkan state says.