Work Area: Investor-state arbitration

ICSID panel won’t halt Serbian criminal proceedings

An ICSID tribunal hearing a claim against Serbia over the alleged expropriation of a dairy farm has refused to order the state to pause a criminal investigation into a key witness in the arbitration.

17 March 2021

Colombia defeats billion-euro power claim

An UNCITRAL tribunal has rejected a US$1.3 billion claim brought by Spanish energy group Naturgy against Colombia over the government's seizure and liquidation of an electricity distribution company  – but also dismissed a counterclaim by the state.

15 March 2021

Telefónica takes Peru to ICSID

Spain’s Telefónica has filed an ICSID claim against Peru – its fourth against a Latin American state – over the treatment of its local operations by tax authorities.

15 March 2021

Born startles with reference to Nazi history

The latest EFILA conference looked at the resurgent role of states in arbitration, with a keynote speech by Gary Born provoking discussion by asking whether the current criticism of investor-state dispute settlement and support for a multilateral investment court has parallels with the Nazis' quelling of arbitration in Germany in the 1930s.

15 March 2021

How states are flexing their muscles in ISDS

States are progressively flexing their muscles and seeking to regain the primary role in the investment law-making and dispute resolution processes, said Loukas Mistelis at the latest EFILA conference.

15 March 2021

ICC disqualifies Sachs over related ICSID appointment

LINK TO DECISION ADDED: The ICC Court has disqualified German arbitrator Klaus Sachs from hearing a port developer’s claim against Georgia in light of his appointment by the state in an overlapping ICSID case – citing the risk he could prejudge issues and have access to information denied to his co-panellists.

12 March 2021

Egyptian LNG saga finally at an end

After a previous settlement was sunk by the coronavirus pandemic, Egypt has finally concluded its long-running dispute with Spain’s Naturgy and Italy’s Eni over a gas liquefaction plant, which gave rise to a US$2 billion ICSID award and several high-value commercial arbitrations.

12 March 2021

Shipbuilder wins stay of Mozambique bribery suit

The Court of Appeal in London has ruled that a US$2 billion lawsuit accusing Abu Dhabi-based shipbuilder Privinvest of paying bribes to secure contracts in Mozambique should be stayed in favour of arbitration in Switzerland.

11 March 2021

Tribunal won’t reopen Spanish solar award

An ICSID tribunal has refused to revise a €28 million Energy Charter Treaty award against Spain over reforms to its renewable energy subsidy regime – concluding that the state’s request was without legal merit.

11 March 2021

Haiti seeks to halt fuel supply claim

A Haitian government agency has asked a US court to stay a US$94 million ad hoc arbitration brought by a supplier of petroleum products, arguing that the disputes provisions in their contracts are invalid under Haitian law.

10 March 2021

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