Work Area: Investor-state arbitration

Old foe of DRC targets “stolen” assets in Maryland

A US investment firm seeking to collect on a nearly two-decade old arbitral debt from the Democratic Republic of the Congo is targeting properties in Maryland allegedly acquired by relatives of the country’s former president Joseph Kabila with stolen government funds.

08 December 2021

Mexico challenges NAFTA denial of justice award

Mexico has asked a US court to vacate a NAFTA award that requires it to pay US$47 million to a Canadian fund in compensation for a denial of justice – as a Canadian court strikes out evidence presented by another investor seeking to revive a claim under the trade agreement.

08 December 2021

Slovakia ordered to pay in road dispute

A Vienna-seated ICC tribunal has ordered Slovakia to pay €38.5 million for delays in issuing permits for a road construction project, while granting a consortium’s request for an extension of time to complete it.

07 December 2021

Uniper asks ICSID panel to enjoin German proceedings

German energy group Uniper has asked an ICSID tribunal to restrain the Dutch government from pursuing anti-arbitration proceedings in the German courts.

07 December 2021

Uruguay chases ICSID claimant over costs award

Uruguay has asked a US court to enforce an ICSID award requiring a Florida telecoms company to pay nearly US$6 million in costs following an unsuccessful treaty claim that was backed by a third-party funder.

07 December 2021

Spain fails to reopen intra-EU objection after Komstroy

An ICSID tribunal has refused to reconsider its jurisdiction to hear an Energy Charter Treaty case brought by four German banks against Spain – one of the first arbitral decisions to address the effect of the European Court of Justice’s recent ruling in Komstroy.

06 December 2021

EU Commission launches infringement proceedings over intra-EU BITs

The European Commission has launched infringement proceedings against seven EU member states over their failure to terminate their intra-EU bilateral investment treaties, also threatening a potential ECJ case against one state.

03 December 2021

German Supreme Court upholds bar to intra-EU BIT claim

The German Supreme Court has refused to hear an appeal of a ruling that prevents an Austrian bank from pursuing an intra-EU BIT arbitration against Croatia in light of the Achmea decision.

03 December 2021

Georgia ordered to pay damages in tariff dispute

An ICSID-administered tribunal has issued a partial award requiring Georgia to pay US$80 million to a Russian energy group in a dispute over tariffs.

03 December 2021

Dual nationals resurrect award against Venezuela

The French Court of Cassation has reinstated a jurisdictional award in favour of two Spanish-Venezuelan nationals in a dispute with Venezuela, finding the underlying treaty didn’t require them to hold Spanish nationality at the time they made their investments.

01 December 2021

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