Work Area: Investor-state arbitration

Hanefeld survives challenge over ties to expert

A Spanish electricity company has failed to disqualify German arbitrator Inka Hanefeld from chairing an ICSID claim against Argentina over her failure to disclose having sat on another panel with the state’s expert.

12 September 2022

French investor fails to revive award against Libya

The French Court of Cassation has upheld a decision to annul an ICC investment treaty award against Libya based on corruption allegations that were never raised in the arbitration.

09 September 2022

Libyan sovereign wealth fund defeats attachment bid

The French Court of Cassation has blocked a Kuwaiti arbitral creditor from attaching US$300 million worth of assets belonging to a Libyan sovereign wealth fund, in line with recent EU case law curbing attempts to target assets frozen by international sanctions.

08 September 2022

German court declares ICSID claims inadmissible

UPDATED: A German court has declared that two ICSID claims brought by German energy companies against the Netherlands are inadmissible as they are incompatible with EU law.

07 September 2022

Hong Kong cement investor warns Laos of treaty claim

A Hong Kong company has threatened Laos with an investment treaty claim over the expropriation of a cement production enterprise serving China’s Belt and Road initiative.

06 September 2022

France faces first known ECT claim

A German renewables producer has brought the first known claim against France under the Energy Charter Treaty, undeterred by the European Court of Justice's admonition that the treaty does not extend to intra-EU investor-state disputes.

06 September 2022

Mining magnate complains of “chilling effect” on ICSID claim

A mining magnate that saw his US$21 billion arbitral claim against Western Australia halted by emergency state legislation has brought a fresh challenge against the “draconian” measures, arguing they also effectively prevent him from bringing an investment treaty claim.

05 September 2022

Poland moves to exit ECT

The Polish government has prepared draft legislation to withdraw the country from the Energy Charter Treaty, citing the need to comply with EU law and a lack of progress in efforts to modernise the treaty.

02 September 2022

Ashcroft issues fresh threat against Belize

The former deputy chair of the UK’s Conservative Party Lord Ashcroft has once again threatened to bring a treaty claim against Belize, this time over his company’s investment in a proposed port terminal.

01 September 2022

South Korea escapes bulk of Lone Star claim

UPDATED WITH AWARD:  Texas private equity group Lone Star’s US$4.7 billion ICSID case against South Korea has ended after a decade with the state being ordered to pay less than 5% of the amount claimed.

31 August 2022

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