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Investment Arbitration

Russia faces US$2.6 billion claim over losses in Crimea

Russia faces US$2.6 billion claim over losses in Crimea

Premium article - 20 October 2016

Ukraine’s national energy company Naftogaz and six of its subsidiaries have filed a US$2.6 billion investment treaty claim against Russia over the seizure of assets in Crimea following the Russian annexation of the peninsula in 2014 – making good on a threat reported by GAR in February.

Parties can raise merits during stay request, rules Zimbabwe  committee

Parties can raise merits during stay request, rules Zimbabwe committee

Premium article - 20 October 2016

An ad hoc committee considering whether to annul two ICSID awards against Zimbabwe over its “racially discriminatory” land reform programme has said it will not bar discussion of the merits of the annulment request in a hearing on whether to stay enforcement.

East Timor pipeline claim gets underway

East Timor pipeline claim gets underway

Premium article - 19 October 2016

As East Timor and Australia express “optimism” at the prospects of resolving their maritime boundary dispute through conciliation, a separate fight between the two states over pipeline taxes is getting underway at the Permanent Court of Arbitration in The Hague.

Water investor’s claim against Slovakia sees challenge to Bulgarian arbitrator

Water investor’s claim against Slovakia sees challenge to Bulgarian arbitrator

Premium article - 19 October 2016

A Polish producer of mineral water has launched a €75 million treaty claim against Slovakia for banning the transport of water through an underground pipeline, with the state challenging the appointment of Bulgarian arbitrator Stanimir Alexandrov.

Resistance and Change in the International Law on Foreign Investment

Resistance and Change in the International Law on Foreign Investment

Premium article - 18 October 2016

Author: Muthucumaraswamy Sornarajah. Published by Cambridge University Press, 2015. Reviewed by Catharine Titi of the French National Centre for Scientific Research (CNRS) and the Research Centre on Procurement Law and International Investments at the University of Burgundy.

Italian claimants denied further relief against Albania

Italian claimants denied further relief against Albania

Premium article - 18 October 2016

An ICSID tribunal has revoked provisional measures that it granted a group of Italian investors against Albania earlier this year, while refusing to order the return of assets or impose penalties on the state for alleged non-compliance.

Crawford on “the ideal arbitrator”

Crawford on “the ideal arbitrator”

Premium article - 18 October 2016

International Court of Justice judge James Crawford used a lecture in Washington, DC, to address the ideal attributes of an arbitrator, media attacks on the “conclave” of lawyers that decide investor-state disputes and the EU’s proposals for a permanent investment court. Daniel Parga of the Law Office of Jeffrey M Winton reports.

El Salvador defeats controversial ICSID claim

El Salvador defeats controversial ICSID claim

Premium article - 17 October 2016

After a seven-year arbitration that has been closely watched by NGOs, El Salvador has defeated a US$250 million ICSID claim brought by an Australian-owned company over the state’s refusal to grant gold-mining licences on environmental grounds.

After NAFTA defeat, Canada refuses to fold against paper claim

After NAFTA defeat, Canada refuses to fold against paper claim

Premium article - 17 October 2016

Details have emerged of a US$70 million NAFTA claim launched by a US forestry company against Canada over the closure of a paper mill in Quebec – days after the state was ordered to pay the largest award ever issued against it under the free trade agreement.

Swiss court agrees French trader had no investment in Vietnam

Swiss court agrees French trader had no investment in Vietnam

Premium article - 17 October 2016

Switzerland’s top court has affirmed a tribunal’s decision that it lacked jurisdiction to hear an UNCITRAL claim against Vietnam because the claimant, a French trader of merchandise, did not have an investment in the state.