Work Area: Investor-state arbitration

Germany latest to quit ECT

Germany’s ruling coalition has decided to withdraw the country from the Energy Charter Treaty, while saying it will ratify the EU-Canada trade agreement known as CETA.

11 November 2022

Deripaska fails to revive treaty claim against Montenegro

A Swedish court has denied a bid by sanctioned Russian oligarch Oleg Deripaska to revive a €600 million claim against Montenegro – rejecting arguments the state had succeeded to a bilateral investment treaty signed by the former Yugoslavia.

11 November 2022

Honduras sees DR-CAFTA disputes loom

UPDATED: A US investor has formally notified Honduras of its intent to bring a treaty claim potentially worth nearly US$11 billion over plans to repeal special economic zones, while the central American state has also been threatened by several energy companies.

11 November 2022

Miner hits Mexico with NAFTA claim over VAT rebates

A US precious metals producer has made good on its threat to file a NAFTA legacy claim against Mexico over its tax authorities’ refusal to grant VAT refunds on royalty payments.

11 November 2022

Norway and Latvia move to terminate BIT

As oral hearings take place in a €400 million snow-crab fishing dispute under the Latvia-Norway bilateral investment treaty, the two states have moved to terminate the BIT and its ten-year sunset clause.

10 November 2022

Rockhopper v Italy award now public

A high-profile Energy Charter Treaty award requiring Italy to pay €190 million plus interest to a UK oil and gas company over a ban on offshore drilling is now publicly available.

08 November 2022

Freshfields Lecture: The Road Not Taken

Inspired by Robert Frost's famous poem on the divergence of paths in a yellow wood, Andrea Bjorklund considered the roads not taken in investor-state dispute resolution in the first live Freshfields Lecture since the pandemic, held in impressive new surroundings.

08 November 2022

DIAC to hear Iraqi airport joint venture dispute

The Dubai International Arbitration Centre is to hear a dispute between UK and Iraqi partners in a joint venture that performs ground-handling and other services at Baghdad International Airport.

04 November 2022

Will Exxon bring a claim against Russia?

ExxonMobil says it is reserving its right to pursue arbitration against Russia over the “expropriation” of its interest in a multibillion-dollar oil and gas project.

02 November 2022

US court bars discovery for ICSID case

A US court has vacated discovery orders granted in aid of an investment treaty claim against Malta – dashing hopes that ICSID cases might have escaped the scope of a recent US Supreme Court prohibition against discovery for foreign arbitrations.

02 November 2022

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