Work Area: Investor-state arbitration

US discovery question may be resolved after all

Hopes that the US Supreme Court might soon rule on the availability of discovery for foreign commercial arbitration have been revived thanks to a petition by a German-owned car parts company in a dispute over a billion-dollar M&A.

23 September 2021

Turkey defeats claim over takeover of media distributor

An ICSID tribunal has thrown out a €126 million claim against Turkey over the alleged expropriation of a real estate and media distribution group linked to exiled Islamic cleric Fetullah Gülen.

22 September 2021

Mexico liable for denial of justice

A NAFTA tribunal has ordered Mexico to pay US$47 million to a Canadian real estate investor over the failure of the country’s courts to address evidence that it was the victim of a fraud.

22 September 2021

Spain marks 50th renewables claim as new reforms roil investors

Spain has been hit with its 50th treaty claim from renewable energy investors and a fresh US enforcement action, as surprise reforms to the sector announced last week raise the prospect of yet more claims.

21 September 2021

Albanian farming claim moves to merits phase

An UNCITRAL tribunal has said it can hear an Italian company’s BIT claim against Albania over an ill-fated agricultural joint venture, while excluding claims over the revocation of a land concession that occurred before the treaty entered into force.

21 September 2021

Morocco and Algeria face treaty disputes

A French telecoms company has lodged an ICSID claim against Morocco, while neighbouring Algeria has been threatened with a claim by a Spanish investor in a fertiliser venture.

21 September 2021

ICSID panel splits representation of insolvent claimant

An ICSID tribunal has ruled that an insolvency administrator can represent a Latvian bank in an arbitration against the Baltic state – but that an ancillary claim over whether his appointment was itself a treaty breach should be argued by the bank’s former directors.

20 September 2021

Mexico declares win against satellite operator

Mexico says it has defeated an investment treaty claim for more than US$120 million brought by France's Eutelsat over the reservation of satellite capacity for use by the state.

17 September 2021

Peru faces claim over gold seizure

Italian investors have launched a US$65 million UNCITRAL claim against Peru after a state authority allegedly seized gold bars to satisfy a third-party tax liability.

16 September 2021

South African oil company gets default judgment against Congo

A South African oil company has obtained a default judgment from a US court enforcing a US$619 million ICC award against the Democratic Republic of the Congo over contracts for four petroleum blocks.

16 September 2021

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