Work Area: Investor-state arbitration

French court sides with Libya on service

A French court has ruled that Libya is not too late to appeal the enforcement of a €280 million award, after finding that delivery of documents to the state’s foreign ministry was not sufficient to prove service had been completed.

27 January 2023

Hungary’s MOL seeks to enforce against Croatia

A Hungarian oil and gas group that won a US$237 million ICSID award against Croatia after defeating the state’s bribery defence has moved to enforce it in a US court, putting the award in the public domain.

26 January 2023

Lima fails again to prove corruption in highway dispute

The Peruvian municipality of Lima has moved to terminate a highway concession after a second UNCITRAL tribunal rejected its allegations that an Odebrecht-linked consortium procured the contract through corruption.

25 January 2023

Dutch court blocks Stati award over “procedural fraud”

A Dutch court has refused to enforce a US$500 million Energy Charter Treaty award against Kazakhstan after finding that the Moldovan claimants committed procedural fraud in the arbitration – just as a Swedish court allows them to target sovereign assets.

25 January 2023

Armenia defeats ICSID claim over transport corridor

An ICSID tribunal has rejected a US$326 million claim against Armenia over concessions to build road and rail links to transport commodities from Iran.

24 January 2023

Energy disputes and war in Ukraine

A virtual panel hosted by Squire Patton Boggs considered potential energy disputes arising from the war in Ukraine. Olha Martynevych and Kateryna Shokalo, Ukrainian lawyers in the firm’s New York office, report.

24 January 2023

Latvia warned of ICSID claim over 5G

A US private equity firm specialising in media and telecoms has warned Latvia of a potential ICSID claim, alleging a local regulator is impeding its investment in the mobile 5G market.

23 January 2023

US seeks early termination of Keystone XL claim

The United States has asked an ICSID tribunal to throw out a US$15 billion legacy NAFTA claim over a cancelled permit for the controversial Keystone XL pipeline project – arguing that the alleged breaches occurred after the treaty was terminated.

19 January 2023

Published Peru award reveals caustic Stern dissent

The ICSID award ordering Peru to pay US$100 million to a US hedge fund in a land bond dispute has been published, revealing a dissenting opinion from Brigitte Stern that described the majority’s decision as “utterly wrong both in law and in justice”.

19 January 2023

Mauritius court blocks treaty claim in Devas saga

The Supreme Court of Mauritius has restrained investors in insolvent satellite company Devas Multimedia from pursuing an investment treaty arbitration against India over the state’s alleged efforts to evade enforcement of a US$1.3 billion ICC award.

17 January 2023

Unlock unlimited access to all Global Arbitration Review content