Work Area: Investor-state arbitration

Mexican land seizure prompts threat of NAFTA claim

A Michigan-based investor has threatened Mexico with a US$3 billion NAFTA legacy claim after authorities expropriated its agricultural land in purported reliance on a presidential resolution issued more than 80 years ago.

01 November 2022

Latvia fights ECT claim after dislodging arbitrator

Latvia has revealed it is facing an Energy Charter Treaty claim from a renewables investor, after successfully challenging the claimant’s original pick as arbitrator because of her counsel work in other cases.

31 October 2022

Australian miner threatens new claim against Cameroon

An Australian mining company has warned it may bring an expropriation claim against Cameroon after the state granted rights to a multibillion-dollar iron ore project to a rival investor – as an ICC panel is formed to hear claims already filed.

31 October 2022

Venezuela faces claim after insurance currency row

Four Dutch companies have brought an ICSID claim against Venezuela for allegedly expropriating their subsidiary’s insurance business after it refused to make a payout to a Venezuelan state-owned company in the desired currency, US dollars.

28 October 2022

Albania challenges Poncet in ICSID revision proceeding

Albania has sought to disqualify Swiss arbitrator Charles Poncet from hearing its bid to revise a €110 million ICSID award on the basis that the other two members of the original tribunal are unavailable.

28 October 2022

France joins rush to exit ECT

France is the latest European country to announce it is pulling out of the Energy Charter Treaty because of environmental concerns, following similar moves by the Netherlands and Spain.

24 October 2022

White & Case withdraws as counsel to Belarus in ICSID case

Months after White & Case announced it would cease acting for Russian and Belarusian state clients in response to the invasion of Ukraine, the law firm has withdrawn as counsel to Belarus in one ICSID case but remains on the record in another.

24 October 2022

Spain fails to dislodge ICSID panel over procedural decisions

Spain has failed to disqualify three ICSID arbitrators hearing a claim by German renewables investors after arguing they showed bias through different treatment of the parties’ experts and their decision to hold a virtual hearing.

20 October 2022

Madagascar fails to annul clothes factory award

A split ICSID committee has upheld an award requiring Madagascar to pay €7 million to two Belgian brothers whose clothes factory was looted and burned down – rejecting arguments that the state didn't have effective legal representation during the arbitration.

20 October 2022

Netherlands moves to quit Energy Charter Treaty

The Dutch government has followed Spain and Poland in announcing plans to withdraw from the Energy Charter Treaty, while other European states are reportedly considering abstaining from a vote next month on reforms to the treaty.

19 October 2022

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