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Investment Arbitration

Orrego Vicuña disqualified from India panel

Orrego Vicuña disqualified from India panel

Premium article - 11 October 2013

Chilean arbitrator Francisco Orrego Vicuña has been disqualified from hearing an investment treaty claim against India, in a rare instance of a challenge upheld on the basis of an issue conflict.

Who is sitting at ICSID? – a tribunal round-up

Who is sitting at ICSID? – a tribunal round-up

Premium article - 16 September 2013

Recent weeks have seen 10 investment panels formed at ICSID to hear claims against seven states, with five arbitrators receiving multiple appointments.

Romania claim falls foul of local remedies clause

Romania claim falls foul of local remedies clause

Premium article - 12 September 2013

An ICSID tribunal has declined to hear a €28 million treaty claim by two Turkish nationals against Romania because of their failure to pursue domestic litigation first – but said the case can be resubmitted after that requirement is honoured.

Enel brings El Salvador claim to ICSID

Enel brings El Salvador claim to ICSID

Premium article - 13 August 2013

Italian power company Enel is bringing an ICSID claim against El Salvador over the state's refusal to comply with an ICC award giving it control of a geothermal power producer.

Argentina challenges arbitrators in Repsol claim

Argentina challenges arbitrators in Repsol claim

Premium article - 22 July 2013

ICSID has announced the panel that will hear Spanish oil company Repsol’s US$10 billion claim against Argentina – but the state has already challenged two of the arbitrators.

Indonesia defeats bank bailout claim

Indonesia defeats bank bailout claim

Premium article - 17 July 2013

An ICSID panel has thrown out a US$75 million claim against Indonesia brought by a UK shareholder in a bailed-out bank, while rejecting the state's argument that the treaty in question doesn't extend to banking investors at all.

UNCITRAL adopts transparency rules for investor-state cases

UNCITRAL adopts transparency rules for investor-state cases

Premium article - 16 July 2013

The United Nations Commission on International Trade Law has adopted new rules for transparency in treaty-based investor-state arbitrations, to take effect next year.

Who is sitting at ICSID? – a tribunal round-up

Who is sitting at ICSID? – a tribunal round-up

Premium article - 08 July 2013

The past 10 weeks have seen eight new ICSID panels formed to hear claims involving Croatia, Honduras, Latvia, Macedonia, Peru, South Korea and Zimbabwe – including first-time appointments for five arbitrators.

Uruguay fails to stub out Philip Morris claim

Uruguay fails to stub out Philip Morris claim

Premium article - 05 July 2013

An ICSID tribunal has agreed to hear tobacco producer Philip Morris International's claim against Uruguay, over what the company calls "extreme and unnecessary" restrictions on the packaging of cigarettes.

Caribbean court overturns Belize injunction

Caribbean court overturns Belize injunction

Premium article - 26 June 2013

The Caribbean Court of Justice has upheld a bank's right to pursue an investment treaty claim against Belize, overturning a local court injunction against the arbitral proceedings.