Work Area: Investor-state arbitration

Crimea creditors jostle over Russian assets

An entity linked to Ukrainian oligarch Igor Kolomoisky has failed in an unusual attempt to halt the enforcement of a US$1.1 billion award against Russia – as it races to collect on its own treaty award compensating it for expropriated assets in Crimea.

20 November 2020

ECJ hears calls to rule on ECT and Achmea

At a hearing in Luxembourg this week, the EU Commission and a number of member states called on the European Court of Justice to rule on whether the Achmea decision bars intra-EU investment arbitration under the Energy Charter Treaty - even though the dispute giving rise to the proceedings is between non-EU parties.

19 November 2020

UK oil company withdraws claim against Uganda

The UK’s Tullow Oil has withdrawn its ICSID claim against Uganda relating to a dispute over VAT after reaching a settlement with the state and its revenue authority.

19 November 2020

Libya overturns treaty award in Paris

The Paris Court of Appeal has set aside a French construction company’s €452 million ICC award against Libya after finding it was based on a fraudulent settlement agreement.

18 November 2020

Croatia faces second ICSID claim over golf resort

The Israeli billionaire behind an intra-EU BIT claim against Croatia over a thwarted project to build a golf resort near Dubrovnik has launched a new ICSID arbitration in his own name, apparently prompted by concerns over Achmea.

17 November 2020

ICC panel rules in Douala port dispute

The former operator of a container terminal at the Cameroonian port of Douala says it has received a favourable award in an ICC claim against the port authority after it was excluded from a tender for a new concession.

16 November 2020

Dutch court adviser rejects Russia’s call to stay Yukos awards

An advocate general of the Dutch Supreme Court has recommended that enforcement of the US$50 billion Yukos awards should not be stayed while Russia seeks to have them annulled.

16 November 2020

Geothermal investor seeks to reignite Kenya claim

A US-Canadian energy company has applied to annul an ICSID award that dismissed its US$340 million claim against Kenya over the revocation of a licence for a geothermal energy project.

16 November 2020

Casino investors in Chile bet on ICSID

Three casino operators have instructed counsel as they prepare to file an ICSID claim against Chile over a public tender process for casino concessions that they allege is illegal and favours competitors.

13 November 2020

Pakistan in talks with Tethyan as stay on award lifted

Pakistan is reportedly in talks with Australian mining venture Tethyan Copper to settle a dispute over a copper and gold deposit that led to a US$5.9 billion ICSID award against the state, as an annulment committee partially lifts a stay of enforcement.

13 November 2020

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