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Investment Arbitration

ICSID claim against St Lucia dismissed

ICSID claim against St Lucia dismissed

Premium article - 27 July 2016

US oil company RSM’s US$200 million claim against the Caribbean state of Saint Lucia is at an end after the company failed to pay US$750,000 security for costs, as ordered by the tribunal in an ICSID first.

Ecuador settles with Chevron over court delay

Ecuador settles with Chevron over court delay

Premium article - 25 July 2016

Ecuador has paid US$112 million to Chevron to honour a five-year-old investment treaty award that compensated the oil company for delays in the country’s court system.

Crystallex funder backs Colombia claim

Crystallex funder backs Colombia claim

Premium article - 25 July 2016

A New York private equity firm that reaped a record return by financing an ICSID case against Venezuela has agreed to fund a Canadian mining company’s looming treaty claim against Colombia.

Shell takes on Philippines over back taxes

Shell takes on Philippines over back taxes

Premium article - 22 July 2016

The Philippines is facing an ICSID claim brought by the Royal Dutch Shell over tax bills of US$1.1 billion that were retrospectively imposed on the country’s only natural gas project.

Noteworthy strides at UNCITRAL

Noteworthy strides at UNCITRAL

Premium article - 20 July 2016

The latest session of the United Nations Commission for International Trade Law saw the adoption of revised Notes on Organising Arbitral Proceedings, updated for the first time in 20 years, a discussion of future work and the launch of a guide to the New York Convention.

Famine does not frustrate contract, South Sudan told

Famine does not frustrate contract, South Sudan told

Premium article - 19 July 2016

The conflict and famine that marked the approach to South Sudan’s independence in 2011 were not grounds for declaring a contract frustrated, a Nairobi-seated tribunal ruled in a decision last year that has only recently came to light.

Emergency arbitrators at odds over Moldovan bank measures

Emergency arbitrators at odds over Moldovan bank measures

Premium article - 18 July 2016

A Russian investor has won emergency relief from the Stockholm Chamber of Commerce, requiring Moldova to halt the cancellation of its shares in a local bank – two weeks after another investor’s request for similar relief was denied.

Who is sitting at ICSID?

Who is sitting at ICSID?

Premium article - 18 July 2016

Joe Smouha QC of Essex Court Chambers is among four arbitrators hearing their first ICSID cases in the latest round of tribunal appointments at the centre.

Peru pollution claim falls foul of waiver clause

Peru pollution claim falls foul of waiver clause

Premium article - 18 July 2016

An UNCITRAL tribunal has refused jurisdiction over a claim against Peru concerning environmental pollution after finding that the investor failed to comply with a treaty requirement by reserving its rights to pursue claims in other fora.

"Game of Tribunals" – winter is coming, warns Born

Premium article - 15 July 2016

Like the Seven Kingdoms in Game of Thrones, international arbitration has enjoyed "a long golden summer when everything went right" but "winter is coming," Gary Born has warned; the community needs to defend it more vigorously.