Work Area: Investor-state arbitration

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

Chinese investor brings first treaty claim against Finland

An UNCITRAL tribunal is hearing the first known investment treaty claim against Finland, brought by a Chinese investor who was detained and had his business centre raided and shut down on suspicion it was facilitating illegal immigration.

01 December 2021

Kazakhstan defeats ICSID claim over oil venture

An ICSID tribunal has rejected a US energy company’s US$460 million treaty claim against Kazakhstan over the alleged appropriation of an oil venture, according to the state.

29 November 2021

Congo fails to dislodge ICC arbitrator from mining dispute

The Republic of the Congo has failed to disqualify Swiss arbitrator Charles Poncet from hearing an US$18 billion ICC claim by two mining companies based on his repeat appointments by the claimants’ law firm, Clifford Chance.

29 November 2021

ISDS: “reform in the air”

At a virtual event, ICSID secretary-general Meg Kinnear addressed the future of ISDS and said the predicted “deluge” of investor-state claims relating to the covid-19 pandemic has not occurred. Rob Houston of K&L Gates Straits Law and Hena Sial and Lauren Sandground of K&L Gates report.

29 November 2021

Canadian province prepares NAFTA claim

After the Biden administration was hit with a US$15 billion NAFTA claim by the owner of a cancelled cross-border pipeline project, the Canadian province of Alberta has confirmed it intends to bring its own investment arbitration against the US – which practitioners suggest could be the first case of its kind under the trade agreement.

26 November 2021

Orange head resigns after guilty verdict in Tapie affair

Stéphane Richard has resigned as chairman and CEO of Orange after being convicted over his role in the French government’s decision to submit a €400 million dispute with the late French businessman Bernard Tapie to arbitration.

26 November 2021

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