Work Area: Investor-state arbitration

Kuwaiti investor revives billion dollar award against Libya

A Kuwaiti construction company has persuaded Egypt’s Court of Cassation to reinstate a controversial US$1 billion award against Libya relating to a tourism resort that was never built.

29 June 2021

More BIT award creditors target Indian airline

A month after Scotland’s Cairn Energy applied to use assets of India’s national airline to satisfy a billion-dollar investment treaty award, Mauritian shareholders in a telecoms company have launched a similar action to collect on an award against the state worth over US$111 million.

29 June 2021

Mining feud leads to threat against DRC

A French businessman has threatened to bring a US$200 million claim against the Democratic Republic of the Congo in the wake of a feud with a local politician over control of a mining company – as a Kuwaiti investor’s ICSID case against the state fizzles out.

28 June 2021

UK Supreme Court clarifies rules of service on foreign states

The UK Supreme Court has held that enforcement proceedings against foreign states must be served via diplomatic channels, overturning a ruling that said civil unrest and political instability in Libya meant formal service could be dispensed with.

28 June 2021

Canadian gold miner launches claim against Mali

In the wake of two military coups in less than a year, Mali is facing an ICSID claim from a Canadian gold mining company over its refusal to extend an exploration permit.

28 June 2021

Spain hit with another solar award

Investors in three solar power plants have been awarded €47 million in an Energy Charter Treaty claim against Spain concerning reforms to the subsidy regime for renewable energy.

28 June 2021

Pharma investor’s award against Ecuador upheld

A Dutch court has upheld a US pharmaceuticals company’s €44 million investment treaty award against Ecuador, dismissing arguments that the arbitrators took on the role of a final appeal court when they held the state liable for a denial of justice.

22 June 2021

Jailed investor’s claim against Korea clears hurdle

An ICSID tribunal has dismissed the bulk of South Korea’s expedited preliminary objections to a claim by an imprisoned Chinese real estate investor – as the state faces a new treaty claim over a port city redevelopment project.

22 June 2021

Ecuador to rejoin ICSID

In a major policy reversal, a new government in Ecuador has signed the ICSID Convention more than a decade after the state withdrew from the treaty.

21 June 2021

Jailed businessman fails in emergency claim against Angola

An emergency arbitrator at the Stockholm Chamber of Commerce has refused to hear an imprisoned businessman’s request for relief against Angola ahead of a bilateral investment treaty claim on the basis that she lacked jurisdiction.

21 June 2021

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