Topic: Denial of justice

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

Boris Johnson’s brother threatens claim against Mongolia

The half-brother of UK prime minister Boris Johnson has warned he may bring a US$50 million investment treaty claim against Mongolia for denial of justice over its failure to pursue a fraud prosecution against his local business partner.

03 August 2022

Poland overturns denial of justice award

A Brussels court has set aside a US$10 million UNCITRAL award that held Poland liable for a denial of justice – in what is thought to be the first time an investment treaty award has been annulled in Belgium.

01 March 2022

Mexico challenges NAFTA denial of justice award

Mexico has asked a US court to vacate a NAFTA award that requires it to pay US$47 million to a Canadian fund in compensation for a denial of justice – as a Canadian court strikes out evidence presented by another investor seeking to revive a claim under the trade agreement.

08 December 2021

El Salvador faces denial of justice claim

An affiliate of British bank HSBC has made good on a threat to file an ICSID claim against El Salvador, alleging a denial of justice by the country’s courts.

19 August 2021

Belarus defeats bulk of claim over leisure complex

An ad hoc tribunal has reportedly dismissed the bulk of a Russian construction company’s US$176 million claim against Belarus over a hotel and leisure development in Minsk.

16 August 2021

Pharma investor’s award against Ecuador upheld

A Dutch court has upheld a US pharmaceuticals company’s €44 million investment treaty award against Ecuador, dismissing arguments that the arbitrators took on the role of a final appeal court when they held the state liable for a denial of justice.

22 June 2021

Chevron defeats Ecuador's challenge to denial of justice award

A Dutch court has rejected Ecuador’s bid to overturn an investment treaty award holding it liable for denial of justice in its US$9.5 billion dispute with Chevron over environmental contamination in the Amazon.

17 September 2020

New light on Ecuador’s efforts to unseat Schwebel

As Ecuador awaits a final award in a denial of justice claim by a US pharmaceuticals company, details of the state’s two failed attempts to disqualify US arbitrator Stephen M Schwebel from the case have come to light, along with a decision on interim measures.

19 May 2017

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