Work Area: Investor-state arbitration

ICSID panel to consider "novel issue" of heirs’ claim

An ICSID tribunal has found that whether Lithuanian heirs have legal standing to bring an Energy Charter Treaty claim against Bulgaria on behalf of their late father is a “novel issue” that can’t be decided on an expedited basis.

29 September 2023

Canadian gold mining company settles with Tanzania

A Canadian gold mining company has agreed to settle its ICSID dispute with Tanzania over the revocation of a project licence.

29 September 2023

Mexico risks claims from lithium mining investors

A Chinese lithium producer says it is considering bringing a claim against Mexico after its mining concessions were cancelled for allegedly failing to meet investment obligations – as the state pursues a wider programme of nationalisation that practitioners say could lead to treaty cases.

28 September 2023

The UK and ISDS in the CPTPP

Following the UK’s decision to accede to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Stuart Dutson and Jonathan Schuman of Simmons & Simmons in London examine what it may mean for the country’s post-Brexit approach to investor-state dispute settlement.

27 September 2023

Djibouti fails to quash bank subpoenas in port dispute

A US court that enforced LCIA awards worth US$541 million against Djibouti earlier this year has rejected the state’s bid to quash subpoenas served on 10 banks in connection with post-judgment discovery efforts.

27 September 2023

Spain seeks annulment of renewables awards

Spain has applied to annul a pair of Energy Charter Treaty awards that held it liable to Japanese and Dutch investors over reforms to its renewable energy subsidy regime.

26 September 2023

Edinburgh hosts inaugural ArbFest

The inaugural Edinburgh International Arbitration Festival, or ArbFest, took place on 21 and 22 September, featuring discussion of emerging technologies and ESG, the advantages of smaller institutions and ISDS. Lilit Nagapetyan, PhD candidate at the Queen Mary School of International Arbitration, reports.

26 September 2023

Guatemalan renewables investors bring claim against Honduras

A pair of Guatemalan renewable energy investors are pursuing a DR-CAFTA claim against Honduras, as a group of US claimants drop their bid to revive a case against Nicaragua under the same free trade agreement.

22 September 2023

Oxy pays Yemen to settle ICC awards

Houston’s Occidental Petroleum has agreed to pay a net sum to Yemen to settle awards rendered in two ICC arbitrations relating to the same oil block, bringing an end to enforcement proceedings in Delaware.

22 September 2023

UK Supreme Court allows Mozambique bribery suit to proceed

The UK Supreme Court has held that bribery claims brought by Mozambique in a US$2 billion suit against an Abu Dhabi shipbuilder don’t fall within the scope of Swiss-law arbitration agreements – the first time it has ruled on the stay provisions in the Arbitration Act 1996.

20 September 2023

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