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Investment Arbitration

NAFTA panel admits amicus briefs in pharma case

NAFTA panel admits amicus briefs in pharma case

Premium article - 01 March 2016

A NAFTA tribunal hearing US drugmaker Eli Lilly’s US$370 million claim against Canada has allowed six applications from industry associations, academics and NGOs to submit amicus curiae briefs in the case – while rejecting three others.

Poland threatens to cancel BITs

Poland threatens to cancel BITs

Premium article - 26 February 2016

Poland has threatened to cancel its bilateral investment treaties with other member states of the European Union - after a ministry suggested that such treaties "drive up legal costs" and are used to pressure the Polish government in its economic relations.

GAR Live lookback: harmonising investment treaty law

GAR Live lookback: harmonising investment treaty law

Premium article - 26 February 2016

With thousands of BITs due for renewal soon, how are states going to approach renegotiations? Will they show displeasure at the inconsistencies in the current, fragmented system? Could the system produce more uniformity, and if so, how?

Naftogaz threatens treaty claim over Crimea

Naftogaz threatens treaty claim over Crimea

Premium article - 22 February 2016

Ukraine’s national gas company has threatened to bring an investment treaty claim against Russia over the seizure of its assets in Crimea – adding to the list of disputes arising from the Russian annexation of the peninsula in 2014.

Who is sitting at ICSID?

Who is sitting at ICSID?

Premium article - 22 February 2016

Boies Schiller & Flexner’s head of international arbitration Wendy Miles QC, German practitioner Anne K Hoffmann and Argentine academic Mónica Pinto are among the arbitrators to have received their first-ever ICSID appointments in recent weeks.

Pugachev convicted over funding of treaty claim

Pugachev convicted over funding of treaty claim

Premium article - 19 February 2016

Russian oligarch Sergei Pugachev has received a two-year prison sentence for contempt of court, with a UK judge ruling that a deal to fund his US$12 billion investment treaty claim against Russia was in breach of a worldwide freezing order.

GAR Live lookback: Human rights and environmental obligations

GAR Live lookback: Human rights and environmental obligations

Premium article - 17 February 2016

Can investment arbitration accommodate human rights and environmental law? And if it can't, then what tools are available to balance these competing interests? These questions were discussed at GAR Live BITs in Washington, DC in early 2015 (previously unreported by GAR).

Counsel rebuked in Venezuela enforcement action

Counsel rebuked in Venezuela enforcement action

Premium article - 15 February 2016

The High Court in London has criticised Canadian mining company Gold Reserve and its counsel Norton Rose Fulbright for failing to raise sovereign immunity issues when obtaining leave to enforce a US$740 million ICSID award against Venezuela.

TREATY COLUMN: A narrow test for state attribution

Premium article - 15 February 2016

A recent ICSID award favouring Oman shows how states are redrafting traditional treaty provisions at the expense of investors, argue Linklaters partner Matthew Weiniger QC and professional support lawyer Johanne Brocas.

Dutch lawyers face off over Yukos

Dutch lawyers face off over Yukos

Premium article - 12 February 2016

UPDATED. A public hearing in The Hague this week saw Albert Jan van den Berg argue Russia’s case why the US$50 billion Energy Charter Treaty awards in favour of former majority shareholders in the Yukos oil company should be set aside, while Marnix Leijten and Marc Ynzonides of De Brauw Blackstone Westbroek defended them.