• Search

Investment Arbitration

Laos avoids payout over US court sanction

Laos avoids payout over US court sanction

Premium article - 29 March 2016

A US court has refused to allow two UNCITRAL award creditors to collect on a cost sanction order against Laos, ruling that the amount can be offset against other costs orders favouring the Southeast Asian state in related foreign proceedings.

No security for costs needed from claimant against Bolivia, says tribunal

No security for costs needed from claimant against Bolivia, says tribunal

Premium article - 22 March 2016

In a decision earlier this year, an UNCITRAL tribunal refused Bolivia’s request that South American Silver pay US$2.5 million security for costs in a case over the alleged expropriation of a silver mining concession, saying that it rejected the view of Gavan Griffith QC that claimants using third-party funders should be liable for such security in investor-state cases.

Colombia faces first investment treaty claims

Colombia faces first investment treaty claims

Premium article - 17 March 2016

Switzerland’s Glencore and two North American mining companies have lodged the first known investment treaty claims against Colombia – while claims by other investors have been threatened.

Diamond investor settles with Liberia following ebola crisis

Diamond investor settles with Liberia following ebola crisis

Premium article - 17 March 2016

UPDATED. Canadian mining company Diamond Fields International has settled its investment treaty dispute with Liberia, filed at ICSID in 2011, after negotiations stalled by an outbreak of the deadly ebola virus in the country.

MEXICO CITY: Fighting corruption

MEXICO CITY: Fighting corruption

Premium article - 16 March 2016

The latest Institute of Transnational Arbitration’s Americas Workshop, which took place in Mexico City in late 2015, analysed the controversial question of how the arbitral process can be used to fight corruption. Rocío González Alcántara L, partner at Ernst & Young, reports.

2G spectrum scandal leads to treaty claims against India

2G spectrum scandal leads to treaty claims against India

Premium article - 15 March 2016

UK and Mauritian affiliates of Malaysian satellite TV group Astro have made good on threats to bring treaty claims against India, following a criminal investigation into their investment in Indian satellite TV company Sun Direct in the wake of the 2G spectrum scandal.

Partial stay is okay, says Venezuela annulment committee

Partial stay is okay, says Venezuela annulment committee

Premium article - 11 March 2016

One of Venezuela’s ICSID creditors will be able to collect on nearly two-thirds of its award before annulment proceedings conclude, after an ad hoc committee for the first time found it had the power to order a partial stay of enforcement.

Reject TPP over TransCanada claim, green groups tell US Congress

Reject TPP over TransCanada claim, green groups tell US Congress

Premium article - 10 March 2016

A US$15 billion NAFTA claim against the United States has been used by environmentalists to highlight how investor-state dispute settlement can act as a “roadblock” to pro-environment policies, in a letter sent to the US Congress discouraging ratification of the Trans-Pacific Partnership.

ICSID panel invites Albania to suspend extradition bid

ICSID panel invites Albania to suspend extradition bid

Premium article - 08 March 2016

An ICSID tribunal has recommended that Albania suspend criminal and related extradition proceedings against two UK-based Italians, including the owner of London football club Leyton Orient, until a final award is issued in their investment treaty dispute.

Canada agrees to EU proposals on ISDS

Canada agrees to EU proposals on ISDS

Premium article - 02 March 2016

The European Union and Canada have agreed to drop investor-state arbitration from their trade agreement in favour of EU proposals for investment disputes to be resolved by a permanent tribunal made up of state appointees.