Work Area: Investor-state arbitration

Mexico and Guatemala face new ICSID claims

Mexico has been hit with a second ICSID claim relating to a venture to provide digital technology for taxis – as Guatemala faces a claim by a Panamanian investor in a hydroelectric project.

16 November 2021

Onslaught of claims against Congo continues

A UK mining company has launched an ICSID claim against the Republic of the Congo over the revocation of its iron ore permit – the latest in a wave of claims by miners against the state.

16 November 2021

Egypt reports win against Bahraini hotel investor

Egypt has defeated a treaty claim worth US$60 million by a Bahraini investor in a five-star hotel project in Cairo.

15 November 2021

ICSID to table rule changes in the new year

ICSID says there is “growing consensus” on the revamp of its rules, as it publishes further draft provisions on third-party funding, security for costs, publication of submissions and expedited proceedings.

15 November 2021

Vattenfall saga at an end

A long-running ICSID arbitration worth nearly €8 billion brought by Swedish power company Vattenfall over Germany’s phase-out of nuclear energy has been discontinued after a €1.4 billion settlement took effect.

12 November 2021

ECJ bars attachment of sanctioned assets

A Kuwaiti company’s efforts to collect on a billion-dollar award against Libya may have been dealt a blow after the European Court of Justice ruled that EU law precludes the attachment of assets that have been frozen as a result of international sanctions.

11 November 2021

Dismantling intra-EU investment arbitration: an opportunity for London

The EU is undermining the rule of law by systemically dismantling the investment treaty arbitration system between member states but this represents a “unique opportunity” for London, said panellists at GAR Live London.

11 November 2021

Panel ready for rail claim against Kenya and Uganda

A tribunal is in place to hear an US$800 million railway-related claim against Kenya and Uganda after the states rejected a proposal to have the dispute heard by a five-member panel.

10 November 2021

Are Chinese parties reluctant to arbitrate Belt and Road disputes?

The first-ever GAR Live in mainland China discussed Belt and Road disputes, with some suggesting Chinese parties are reluctant to submit such matters to international arbitration.

10 November 2021

Flushed with success: Venezuela defeats toilet roll claim

Venezuela has defeated a US$600 million investment treaty claim brought by US sanitary products group Kimberly-Clark over the seizure of a factory during a national toilet paper shortage – with a tribunal finding the state had not consented to arbitrate under ICSID’s additional facility rules.

09 November 2021

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