Work Area: Investor-state arbitration

Kazakh mining award challenged by both sides

A Canadian mining company has applied to partially annul an award against Kazakhstan, saying it was “not the quality of justice we expected to receive from an ICSID tribunal” – while the state seeks to annul parts of the same award.

29 March 2021

French court says PCA lacked power to intervene in OIC case

The Paris Court of Appeal has ruled that the Permanent Court of Arbitration had no authority to assist in the appointment of a tribunal to hear a US$525 million claim against Libya after the Organization of Islamic Cooperation refused to appoint an arbitrator on the state’s behalf.

26 March 2021

Congo will face multibillion mining claim

Australia's Sundance Resources has made good on a threatened US$8.8 billion ICC claim against the Republic of the Congo – one of three cases the Central African state could face over its revocation of mining licences.

25 March 2021

Spain largely defeats Toyota renewables claim

An ICSID tribunal has largely dismissed a €258 million Energy Charter Treaty claim brought by a subsidiary of Japan’s Toyota Group against Spain over its renewable energy reforms.

25 March 2021

Ukraine gas royalties dispute heads to ICSID

A Swedish energy company has made good on its threat to file an ICSID claim against Ukraine over a gas royalty hike that led to the collapse of a controversial joint venture.

25 March 2021

India challenges Cairn’s billion-dollar tax award

India has reportedly applied to a Dutch court to set aside an investment treaty award requiring it to pay US$1.2 billion plus interest to Scotland’s Cairn Energy in compensation for a retroactive tax demand.

24 March 2021

Lebanese creditor seizes Congo oil revenues

A French court has confirmed that a Lebanese creditor seeking to enforce €1.4 billion worth of ICC awards against the Republic of the Congo can attach US$30 million in funds from the state’s national oil company.

24 March 2021

Swiss court rejects Spain’s challenge to solar award

A Swiss court has upheld a €91 million Energy Charter Treaty award in favour of a group of solar power investors against Spain despite the tribunal’s refusal to reconsider its jurisdiction in light of Achmea.

23 March 2021

Miner fails to revive claim against Kenya

Subsidiaries of a Canadian mining company have lost their bid to revive an ICSID claim against Kenya that was dismissed over a failure to observe local environmental laws.

23 March 2021

Eni gets discovery from funder for Nigerian corruption dispute

A US court has allowed Italian oil producer Eni to obtain evidence from a third-party funder for use in an ICSID case against Nigeria over the state’s allegations the company paid millions in bribes to secure rights to an oil field.

23 March 2021

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