Work Area: Investor-state arbitration

Another homeowner threatens treaty claim against Korea

South Korea is facing another investment dispute with a private homeowner, as a naturalised US citizen threatens to bring a claim for at least US$4 million for the expropriation of her apartment and associated “mental and emotional distress”.

04 August 2022

Boris Johnson’s brother threatens claim against Mongolia

The half-brother of UK prime minister Boris Johnson has warned he may bring a US$50 million investment treaty claim against Mongolia for denial of justice over its failure to pursue a fraud prosecution against his local business partner.

03 August 2022

Rosatom faces disputes over Finnish and Turkish projects

Rosatom is bringing several ICC cases and potentially also a treaty claim over the termination of its contract for a Finnish nuclear power plant, GAR has learned, as the Russian state entity is threatened with arbitration by a Turkish contractor over another politically sensitive project.

03 August 2022

Morocco defeats scrap metal claim

An ICSID tribunal has rejected a German recycling company’s €19 million claim against Morocco over a “de facto” ban on the export of scrap metal.

02 August 2022

Volterra Fietta can't collect fees under unlawful retainer

The High Court in London has affirmed that Volterra Fietta is not entitled to any of the nearly US$3 million it billed a client in an investment treaty arbitration under a conditional fee agreement that was found to be unlawful.

02 August 2022

Tax: a new frontier in ISDS?

Delegates at GAR Live BITs in London heard how the global shift to green energy could prompt more tax-related investment disputes, as well as discussion of arbitrations under tax treaties and why tax experts may be “difficult to work with”.

02 August 2022

Perenco secures freeze on Ecuador accounts in Luxembourg

Bahamian oil company Perenco has frozen Luxembourg bank accounts used by Ecuador to make coupon payments associated with sovereign bonds, with the ICSID award holder claiming this raises the possibility of the state defaulting to creditors.

01 August 2022

Burford-funded mining claim against Greenland underway

A tribunal has begun hearing an Australian company’s claim against Greenland and the Kingdom of Denmark over a uranium mining ban affecting a US$3 billion project – a case financed by a subsidiary of Burford Capital.

29 July 2022

Algeria liable for blocking transfer of dividends

A split ICSID tribunal has ordered Algeria to pay US$110 million to a Swiss shipping company and lift a prohibition against the collection of dividends from its local investments.

28 July 2022

Bottlemakers resubmit claim against Venezuela

Two bottlemaking companies that saw their billion-dollar ICSID claim against Venezuela thrown out four years ago have refiled the case – as the state fails to annul a coffee investor’s US$42 million award in a separate dispute.

28 July 2022

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