Work Area: Investor-state arbitration

Sachs stays on ICSID panel after removal from parallel case

ICSID has rejected a port investor’s bid to disqualify Klaus Sachs from hearing a claim against Georgia, after the German arbitrator was removed from an overlapping ICC case.

19 July 2021

Brazilian miner’s claim against Steinmetz entities can proceed

The Court of Appeal in London has ruled that an LCIA award does not preclude Brazil’s Vale from bringing a US$500 million claim against entities beneficially owned by Israeli billionaire Beny Steinmetz to claw back some of the proceeds of a rescinded mining deal in Guinea.

16 July 2021

Vedanta reports win against Zambian state entity

Vedanta Resources says it has won an award affirming that a Zambian state-owned entity has breached an arbitration agreement by seeking the liquidation of their copper-mining venture.

16 July 2021

Discovery order for Baltic treaty claim upheld

A US appeals court has upheld an order requiring consulting firm AlixPartners and its CEO to produce evidence in aid of a Russian fund’s investment treaty claim against Lithuania – concluding that the arbitration is a proceeding before a foreign tribunal for the purposes of US discovery law.

16 July 2021

Ecuador: one step closer to ICSID ratification

Gary Born and Soledad Peña Plaza of WilmerHale in London consider a “remarkable” recent decision by Ecuador’s Constitutional Court that the country’s ratification of the ICSID Convention does not require the approval of its National Assembly.

16 July 2021

Drymer disqualified over dual appointments

Venezuela has dislodged Canadian Stephen Drymer as arbitrator in an UNCITRAL claim on the basis that he is also hearing a related ICSID case – prompting the state to file further challenges against him.

15 July 2021

Caribbean appeal court can’t grant interim relief against Pakistan

The Eastern Caribbean Court of Appeal has ruled it has no power to grant injunctive relief against Pakistan at the request of an ICSID creditor when a lower court’s finding that the state enjoys immunity has not been set aside.

15 July 2021

Meydan settles Dubai racecourse dispute

Emirati real estate developer Meydan has agreed to pay US$198 million to a Malaysian construction group to satisfy a DIAC award over a cancelled contract to build a racecourse in Dubai.

14 July 2021

States replenish ICSID roster

Claudia Annacker, Maxi Scherer, Lisa Richman, Miriam Harwood, Wendy Miles QC, Kathryn Khamsi and Diana Bayzakova are among the new additions to ICSID’s panel of arbitrators in the past year.

14 July 2021

Arbitrator ethics under scrutiny at ITA workshop

At the 33rd annual Institute for Transnational Arbitration Workshop, Constantine Partasides QC reflected on under- and over-regulation of arbitrator conduct while arguing that the ICSID and UNCITRAL Draft Code of Conduct for Adjudicators in its current form could have unintended consequences.

14 July 2021

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