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Investment Arbitration

Switzerland prepares for first treaty claim

Switzerland prepares for first treaty claim

Premium article - 16 March 2015

The Swiss government has instructed external counsel to defend it against a potential ICSID claim by two Turkish nationals, possibly the first investment treaty claim the state has faced.

Happy 50th birthday ICSID (let's not take you for granted)

Happy 50th birthday ICSID (let's not take you for granted)

Premium article - 27 February 2015

The IBA International Arbitration Day in Washington, DC, today marks 50 years of ICSID, created through the Washington (or ICSID) Convention of 1965.

Is ICSID heading in the wrong direction?

Is ICSID heading in the wrong direction?

Premium article - 24 February 2015

As ICSID celebrates the 50th anniversary of its creation this week, a former acting secretary general of the centre, Nassib Ziadé, says it’s time to talk about some of its problems – including flawed appointment processes and a lack of guidance on arbitrator challenges.

Moldova defeats ECT claim by Ukraine state entity

Moldova defeats ECT claim by Ukraine state entity

Premium article - 13 February 2015

An SCC panel has dismissed a Ukrainian state entity’s Energy Charter Treaty claim against Moldova.

Who is sitting at ICSID?

Who is sitting at ICSID?

Premium article - 09 February 2015

Eight new panels have been formed at ICSID since the start of this year, including for claims against Mozambique, Senegal and Guinea.

Peru claim dismissed for abuse of process

Peru claim dismissed for abuse of process

Premium article - 20 January 2015

An ICSID tribunal has dismissed a US$41 billion claim against Peru after finding that one of the claimants had transferred shares with the sole purpose of internationalising what would have been a domestic dispute.

Panel rules in Indonesian bank bailout case

Panel rules in Indonesian bank bailout case

Premium article - 18 December 2014

In an award that both sides are hailing as a victory, an UNCITRAL panel has found that Indonesia’s criminal prosecution of a Saudi investor breached international law but that his negligence in supervising a bailed-out bank means he is not entitled to treaty protection.

Kurdish oil claim heads to English court

Kurdish oil claim heads to English court

Premium article - 17 December 2014

A UAE-led oil consortium has applied to the English courts to enforce an interim order worth US$100 million issued by an LCIA tribunal against Iraqi Kurdistan.

Who is sitting at ICSID?

Who is sitting at ICSID?

Premium article - 12 December 2014

In recent weeks, Weil Gotshal & Manges partner Arif Hyder Ali has received his first arbitrator appointment at ICSID, while Philippe Sands QC has joined three new panels and Brigitte Stern’s pending caseload at the centre has risen to 24.

A storm over St Lucia

Premium article - 25 October 2014

An ICSID decision awarding security for costs to the Caribbean island of St Lucia saw Gavan Griffith QC highlight the problem of litigation funders sharing the benefits of successful arbitration claims, while not bearing the adverse costs consequences should the claim fail. Alison Ross reports