Work Area: Investor-state arbitration
Greenland avoids interim measures in mining dispute
An Australian company bringing an arbitration against Greenland over a uranium mining ban has failed to get interim measures to restrain the island country from making a final decision on its bid for an exploitation licence.
26 September 2022
“Zero legitimacy”: investment court under fire at ICCA
A session on ISDS reform at the ICCA Congress heard criticism of plans for a multilateral investment court and shed light on recent discussions at UNCITRAL, including a “rebellion” by some developed states against a proposal to curb double hatting.
26 September 2022
EU parliament calls for regulation of third-party funding
The European Parliament has called for regulation of third-party funders, including a potential 40% cap on their share of recovery, an obligation to pay adverse costs, and disclosure of funding agreements.
23 September 2022
Indian airline funds unfrozen in Canada
A Quebec appeal court has unfrozen US$17 million in funds belonging to India’s national flag carrier, finding that the province’s civil code does not permit enforcement against a state-owned company merely because it is an “alter ego” of a debtor state.
22 September 2022
Russia wins appeal over Dutch representation
A Dutch court has ruled that the dean of the Hague Bar was wrong to refuse to appoint replacement legal representation for Russia in various set-aside proceedings after the state’s original counsel resigned following the outbreak of war in Ukraine.
21 September 2022
Rosneft threatens Germany over refinery seizures
Rosneft has threatened to bring a claim against Germany after the state seized control of oil refinery assets worth €4.6 billion to shore up energy supplies.
20 September 2022
Hydro investor brings ICSID claim against Panama
An Israeli-born businessman has filed a US$150 million ICSID claim against Panama over the alleged expropriation of his investment in three hydroelectric projects.
20 September 2022
Kyrgyzstan faces ICSID claim over uranium ban
A US company has brought a treaty claim against Kyrgyzstan over its ban on uranium mining, the first to be filed under the ICSID Convention since the central Asian state became a party to the instrument earlier this year.
20 September 2022
Dutch courts diverge over review of jurisdiction decisions
The Dutch courts have reached opposite conclusions when reviewing jurisdictional findings in two investment treaty cases brought by dual nationals. Jeroen van Hezewijk and Eleonora Di Pangrazio of Freshfields Bruckhaus Deringer argue this asymmetry is untenable and may even be in breach of the Netherlands’ international obligations.
20 September 2022
Spain liable in another solar case
An ICSID tribunal has ruled Spain must compensate a group of German investors for reforms to its renewable energy subsidy regime, while other disputes over the same measures have seen failed reconsideration requests and an unsuccessful enforcement bid in Colombia.
16 September 2022