Work Area: Investor-state arbitration

Rockhopper v Italy award now public

A high-profile Energy Charter Treaty award requiring Italy to pay €190 million plus interest to a UK oil and gas company over a ban on offshore drilling is now publicly available.

08 November 2022

Freshfields Lecture: The Road Not Taken

Inspired by Robert Frost's famous poem on the divergence of paths in a yellow wood, Andrea Bjorklund considered the roads not taken in investor-state dispute resolution in the first live Freshfields Lecture since the pandemic, held in impressive new surroundings.

08 November 2022

DIAC to hear Iraqi airport joint venture dispute

The Dubai International Arbitration Centre is to hear a dispute between UK and Iraqi partners in a joint venture that performs ground-handling and other services at Baghdad International Airport.

04 November 2022

Will Exxon bring a claim against Russia?

ExxonMobil says it is reserving its right to pursue arbitration against Russia over the “expropriation” of its interest in a multibillion-dollar oil and gas project.

02 November 2022

US court bars discovery for ICSID case

A US court has vacated discovery orders granted in aid of an investment treaty claim against Malta – dashing hopes that ICSID cases might have escaped the scope of a recent US Supreme Court prohibition against discovery for foreign arbitrations.

02 November 2022

Mexican land seizure prompts threat of NAFTA claim

A Michigan-based investor has threatened Mexico with a US$3 billion NAFTA legacy claim after authorities expropriated its agricultural land in purported reliance on a presidential resolution issued more than 80 years ago.

01 November 2022

Latvia fights ECT claim after dislodging arbitrator

Latvia has revealed it is facing an Energy Charter Treaty claim from a renewables investor, after successfully challenging the claimant’s original pick as arbitrator because of her counsel work in other cases.

31 October 2022

Australian miner threatens new claim against Cameroon

An Australian mining company has warned it may bring an expropriation claim against Cameroon after the state granted rights to a multibillion-dollar iron ore project to a rival investor – as an ICC panel is formed to hear claims already filed.

31 October 2022

Venezuela faces claim after insurance currency row

Four Dutch companies have brought an ICSID claim against Venezuela for allegedly expropriating their subsidiary’s insurance business after it refused to make a payout to a Venezuelan state-owned company in the desired currency, US dollars.

28 October 2022

Albania challenges Poncet in ICSID revision proceeding

Albania has sought to disqualify Swiss arbitrator Charles Poncet from hearing its bid to revise a €110 million ICSID award on the basis that the other two members of the original tribunal are unavailable.

28 October 2022

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