Work Area: Investor-state arbitration

French court revives Libyan civil war claims

A French court has upheld an ICC tribunal’s decision to award US$116 million to a Libyan state entity while ruling it should have agreed to hear a UAE oil company’s claims over the unauthorised use of Libya’s biggest refinery during the country’s 2011 revolution.

03 March 2021

Canadian silver miner launches NAFTA claim against Mexico

A Vancouver-based silver mining company has made good on a threatened NAFTA claim against Mexico over retrospective tax liabilities reportedly worth over US$500 million – after the state allegedly annulled a pricing agreement and refused to engage in negotiations.

03 March 2021

Uganda fails to knock rail claim off track

A UK court has upheld a tribunal’s decision to allow a rail company’s claim against Uganda to proceed without permission from the claimant’s Ugandan court-appointed liquidator.

02 March 2021

Swedish court asks ECJ to rule on ECT

A Swedish court has for the first time agreed to ask the European Court of Justice whether its decision in Achmea bars intra-EU investment disputes under the Energy Charter Treaty.

01 March 2021

Italy defeats solar power claim

An ICSID tribunal has rejected an €80 million Energy Charter Treaty claim brought by an affiliate of a US power company against Italy over reforms to its renewable energy regime.

01 March 2021

Swiss investor threatens China over jazz festival

A Swiss investor has threatened China with a treaty claim after his company was stripped of the rights to run an annual international jazz festival on the island of Hainan.

01 March 2021

EU will interfere with commercial arbitration, Volterra warns

After putting paid to intra-EU BITs, it is only a matter of time before the European Commission begins interfering with commercial arbitration, Robert Volterra warned in a keynote speech at GAR Interactive DACH.

26 February 2021

Expert ties under scrutiny in Guatemala annulment bid

Guatemala has applied to annul an ICSID award on the basis of Bulgarian arbitrator Stanimir Alexandrov's alleged failure to disclose ties with an expert witness – a year after Spain successfully annulled an award based on similar allegations.

24 February 2021

Russian oil producer’s fraud suit fails in London

A UK judge has dismissed a Russian oil and gas producer’s US$300 million lawsuit against Igor Kolomoisky and three other Ukrainian businessmen who were accused of siphoning funds from an oil refining venture – events that gave rise to an investment treaty claim and a Swiss criminal complaint.

24 February 2021

Native American tribe loses appeal over casino award

A US appeals court has upheld an American Arbitration Association award that requires the Seneca Nation of Indians to pay over US$1 billion in casino revenues to the State of New York over the next few years.

24 February 2021

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