Work Area: Investor-state arbitration
Guatemala to settle ICSID power tariff feud
Guatemala has agreed to pay US$46 million to a US investor to settle a long-running dispute over electricity tariffs that went before four different ICSID panels.
24 November 2022
Canada defeats NAFTA claim over fracking ban
A divided NAFTA tribunal has rejected a US oil and gas company’s US$250 million claim against Canada over a revoked fracking permit – after a nine-year proceeding delayed by the death of an arbitrator.
22 November 2022
ECT parties delay vote on treaty reform
Contracting parties to the Energy Charter Treaty have delayed a vote that was due to take place today on whether to adopt a modernised version of the controversial treaty – after EU member states failed to agree on whether to support the reforms.
22 November 2022
Japanese wind investor wins damages over Spanish reforms
A Japanese wind farm investor has won €106.2 million in the latest Energy Charter Treaty award against Spain over reforms to its renewables sector, as the state is threatened with an ECT claim by the developer of a uranium project.
22 November 2022
Ireland’s Achmea moment?
The Irish Supreme Court has ruled that ratifying the EU-Canada trade agreement known as CETA would breach the country’s constitution by infringing juridical sovereignty – a move that commentators have called “Ireland’s Achmea moment”.
22 November 2022
Kosovo defeats ICC claim over microfinance licence
Kosovo says it has defeated a €30 million ICC claim brought by an Estonian fintech company over a revoked microfinance licence.
21 November 2022
Occidental wins damages over Venezuelan dividends
An UNCITRAL tribunal has ordered Venezuela to pay US$105 million to a Barbadian subsidiary of Occidental Petroleum after finding the state liable for discriminatory conduct in its payment of dividends from an oil and gas venture.
18 November 2022
Creditors of collapsed bank bring first treaty claim against Portugal
Subsidiaries of two US hedge funds have brought the first known investment treaty arbitration against Portugal, which relates to the collapse of one of the country’s largest banks.
17 November 2022
Croatia declares win in real estate dispute
UPDATED WITH CAST LIST: Croatia says it has defeated a €230 million claim brought by a Canadian real estate investor who sought to invoke a treaty on issues of state succession – as the state gears up for a new arbitration with Hungarian oil and gas group MOL.
17 November 2022
Korean hydro venture brings LCIA claim against Pakistan
Pakistan is reportedly seeking outside counsel to defend it in an LCIA claim by a South Korean joint venture over a hydropower project that has already led to two other arbitrations.
16 November 2022