Work Area: Investor-state arbitration

Libya fails in Swiss set-aside bid

A Swiss court has dismissed Libya’s challenge to a US$22 million ICC treaty award issued in favour of a Turkish contractor after the state failed to comply with a settlement agreement.

08 December 2020

Ukraine faces multibillion claim over blocked aerospace deal

Chinese investors have made good on their threat to file a US$3.5 billion treaty claim against Ukraine over the blocked takeover of an aerospace company at the centre of a US-China diplomatic power struggle.

07 December 2020

Nigeria fails to knock out US enforcement of mega-award

A US district court will hear an oil and gas company’s bid to enforce an award worth around US$10 billion against Nigeria, after it rejected the state’s sovereign immunity defence.

07 December 2020

Dutch court refuses to stay Yukos awards

The Dutch Supreme Court has ruled that Russia’s arguments for overturning the US$50 billion Yukos awards are not strong enough to justify granting a stay of enforcement while the petition is heard.

04 December 2020

Banker makes good on threat against Montenegro

A banker who accused Montenegro’s president of corruption has launched a €500 million treaty claim against the Balkan state over alleged politically motivated actions taken against his investments.

04 December 2020

Belgium seeks ECJ opinion on revamped ECT

Belgium has asked the European Court of Justice to weigh in on the intra-EU application of the arbitration provisions in a future update of the Energy Charter Treaty, as the European Commission signals it may propose withdrawal from the treaty if core objectives for reform are not met.

03 December 2020

US investors get second chance to revive claim against Poland

The French Court of Cassation has ruled that US investors seeking to revive a US$125 million investment treaty claim against Poland through set-aside proceedings can present new jurisdictional arguments that they failed to raise before the arbitral tribunal.

03 December 2020

Kosovo faces claim over power plant project

A UK energy company has filed a €20 million ICSID claim against Kosovo over a frustrated plan to build a power plant near the country’s capital Pristina.

02 December 2020

Austrian court enforces award against Albania

A court in Vienna has enforced a €110 million ICSID award against Albania won by Francesco Becchetti and other Italian investors in the country’s media and hydroelectric sectors.

02 December 2020

Investor-state mediation under the spotlight

The use of mediation in investor-state dispute settlement was explored during the first virtual pre-intersessional meeting of UNCITRAL Working Group III, as the group starts to focus on specific ISDS reform options.

02 December 2020

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