Work Area: Investor-state arbitration

ICSID releases new rules

ICSID has released its new rules for investment disputes, which will take effect in a week’s time – bringing to an end what it calls the “most significant procedural modernisation” in its history.

23 June 2022

Spain celebrates win on intra-EU objection

A Stockholm-seated tribunal has become the first to dismiss an intra-EU investment arbitration claim on jurisdictional grounds, upholding Spain’s argument that EU law trumped the Energy Charter Treaty in the dispute.

22 June 2022

Tribunal upholds Spain's intra-EU objection

BREAKING: For the first time ever, an investment arbitration tribunal has upheld a state's intra-EU objection, handing Spain a landmark jurisdictional win in one of the many renewables-related Energy Charter Treaty claims it has faced.

22 June 2022

Venezuela challenges “corrupted” Conoco annulment committee

Following arbitrator Kevin Kim’s resignation from an ICSID annulment committee hearing Venezuela’s bid to overturn a US$9 billion award in favour of ConocoPhillips, the state has challenged two more panel members on the basis that they were “corrupted” by his actions.

21 June 2022

"Mixed signals": EFILA looks at the future of foreign investment in Europe

Speakers at the latest European Federation for Investment Law and Arbitration conference in Amsterdam discussed the future of foreign direct investment in Europe in the wake of "anti-ISDS" decisions of the CJEU such as Achmea, Komstroy and PL Holdings.

21 June 2022

Young EFILA holds launch debate

The European Federation for Investment Law and Arbitration has launched a "Young EFILA" network for practitioners aged under 40, kicking off its activities with a debate on whether the European Union remains an attractive investment destination in the wake of AchmeaKomstroy and PL Holdings. 

21 June 2022

Indonesian energy company takes Libyan state entity to ICC

An Indonesian energy company has reportedly brought an ICC claim against the National Oil Company of Libya over a US$900 million oil and gas project disrupted by civil war in the North African state.

20 June 2022

ICSID panel says inter-state negotiation clause doesn’t derail claim

An ICSID tribunal has dismissed Georgia’s preliminary objection to a case concerning a local internet provider, holding that a pre-arbitration inter-state negotiation clause lacks “bite” and only required the investor to issue notice of its claim.

20 June 2022

ECJ refuses to rule on ECT amendments

The European Court of Justice has declined Belgium’s request to rule on the compatibility of proposed amendments to the Energy Charter Treaty with EU law, saying said it would be “premature” to do so while changes are still being debated.

17 June 2022

Venezuela fails to scrub out revived Clorox claim

Venezuela has failed to overturn an award upholding jurisdiction over a US$185 million investment arbitration brought by US-based cleaning products group Clorox, with a Swiss court dismissing arguments that the claim – on remand to the tribunal – was an example of abusive treaty shopping.

17 June 2022

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