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Investment Arbitration

Indian couple’s claim against Macedonia underway

Indian couple’s claim against Macedonia underway

11 December 2018

Nigerian arbitrator Funke Adekoya SAN is presiding over a treaty claim brought against Macedonia by members of a prominent Indian business family who say their mining and quarrying investments were expropriated.

Romania faces ECJ action over Micula payout

Romania faces ECJ action over Micula payout

10 December 2018

The European Commission has said it will refer Romania to the European Court of Justice over the state’s failure to recover up to €92 million in illegal state aid allegedly granted to the Micula brothers to comply with an ICSID award – even though the brothers deny having been paid such an amount.

English court to rule on ownership of Kazakh assets

English court to rule on ownership of Kazakh assets

07 December 2018

The Commercial Court in London has ruled that it has jurisdiction to decide issues relating to the ownership of US$530 million in funds that were frozen by the Belgian courts in support of a bid to enforce an Energy Charter Treaty award against Kazakhstan.

Salvaging from the Achmea wreckage

Salvaging from the Achmea wreckage

06 December 2018

A conference in Paris looked at the impact of the Court of Justice of the European Union’s judgment in Achmea and its "unintended consequences”, with one speaker saying we can still "save quite a lot from the wreck".

Achmea, viewed from Japan

Achmea, viewed from Japan

06 December 2018

The Investment Treaty Arbitration Committee of the Japan Association of Arbitrators has held its first event in Tokyo in conjunction with the Singapore International Arbitration Centre – including discussion of how Asian jurisdictions should respond to Achmea and other recent developments in Europe.

Philip Morris and Ukraine settle tax dispute

Philip Morris and Ukraine settle tax dispute

06 December 2018

Tobacco group Philip Morris will not proceed with a threatened investment treaty claim against Ukraine over a US$23 million tax bill, after the parties were able to agree a settlement.

Peru faces ICSID threat over seized gold

Peru faces ICSID threat over seized gold

05 December 2018

A Dutch asset management company has threatened Peru with an ICSID claim worth more than US$65 million over the destruction of its gold trading business and reputational damage in the wake of an investigation into alleged illegal mining.

Liberian telecoms award revived in Texas

Liberian telecoms award revived in Texas

05 December 2018

A Texas state court has reinstated an ICDR award in favour of Chinese telecoms company ZTE in a long-running dispute over a project in Liberia, rejecting arguments that it was obtained through fraud.

Tribunal agrees to hear claim against Serbia

Tribunal agrees to hear claim against Serbia

04 December 2018

In the third ICSID decision relating to Serbia in a month, a tribunal has upheld jurisdiction over what was alleged to be a “round-trip” claim against the state, brought by a Serbian investor via a Cypriot-incorporated investment holding company.

Singaporean investor’s claim against Mexico underway

Singaporean investor’s claim against Mexico underway

04 December 2018

An UNCITRAL tribunal is in place to hear a Singaporean marine services provider’s investment treaty claim against Mexico, with ICSID administering the dispute.