• IISD Home
• Our Knowledge
• About IISD
• Media Room
• Publications Centre
• Contact Us
• Site Index

• Foreign Investment for SD Home
• Publications
• Our Work

Documents Centre

This page provides public access to key documents related to investment treaty negotiation and arbitration. Most of these documents are added here as they are publicized through IISD's Investment Treaty News (ITN). Check back regularly for updates.

Documents

• Award in ICSID arbitration between Desert Line Projects (DLP) and The Republic of Yemen (PDF - 4 mb)
  An ICSID tribunal finds Yemen to have violated the "fair and equitable treatment" obligation of the Yemen-Oman bilateral investment treaty in its dispute with the Omani construction firm, DLP.

• Decision on the Challenge to Mr. Judd L. Kessler in the Arbitration between National Grid PLC and the Republic of Argentina (PDF - 98 kb)
  In this ruling a three member panel of London Court of International Arbitration (LCIA) rejects a bid by the Argentine Government to disqualify a member of the arbitration tribunal presiding in an investment treaty dispute between Argentina and National Grid. The decision is unusual in that it is one of the rare instances where the reasons for a ruling in case of an arbitrator-challenge in an investment treaty dispute are set forth in a reasoned decision. Under some other arbitration rules, such rulings are not accompanied by written reasons. Argentina and National Grid had agreed to submit the challenge to the LCIA, following a request by Argentina, because that institution does offer written reasons for its rulings on arbitrator-challenges.

• Eastern Sugar B.V. (Netherlands) v. The Czech Republic (PDF - SCC No. 088/2004) Partial Award of March 27, 2007 (PDF - 3.2 mb)
  In this decision Eastern Sugar B.V. was awarded 25.4 million Euro in an investment dispute over the allocation of sugar production quotas. The dispute relates to regulatory steps taken by the Czech Republic as the country prepared for accession to the European Union. Eastern Sugar B.V. argued that one of those regulations, which resulted in its sugar quota being sharply reduced, was discriminatory.

• Decision on Jurisdiction In The Proceeding Between Waguih Elie George Siag and Clorinda Vecchi (Claimants) and the Arab Republic of Egypt (Respondent) (ICSID Case No. Arb/05/15), May 28, 2007
  This ICSID Jurisdictional Decision in the case of Waguih Elie George Siag and Clorinda Vecchi v. The Arab Republic of Egypt was rendered on April 11, 2007 and recently obtained by ITN.

• Siemens A.G. v. Argentine Republic (PDF - Case No. ARB/02/08), Award of February 6, 2007 and Siemens A.G. v. Argentine Republic, Separate Opinion of Prof. Domingo Bello Janeiro, February 6, 2007
  In this Award (PDF - 534 kb), the ICSID tribunal held Argentina liable for various breaches of the Germany-Argentina bilateral investment treaty. In the Separate Opinion (PDF - 61 kb), one arbitrator expresses the view that the tribunal ought to have acceded to Argentina's request for the appointment of an independent valuation expert to assess the compensation owing to Siemens. This arbitrator also objected to the majority's decision to have Argentina bear a greater proportion of the costs of the arbitration proceeding. The Award is discussed in the February 19, 2007 Breaking News edition of Investment Treaty News.

• Helnan International Hotels A/S v. Arab Republic of Egypt (PDF - Case No. ARB/05/19), Decision on Jurisdiction of October 17, 2006 (PDF - 6 mb)
  In this decision on jurisdiction the ICSID tribunal hearing the Helnan International Hotels A/S v. Arab Republic of Egypt dispute rejected Egypt's objections and upheld its jurisdiction to hear the dispute. The dispute, which was brought to ICSID under the Denmark-Egypt Bilateral Investment Treaty, is discussed in the January 17, 2007 edition of Investment Treaty News.

• Mr. Patrick Mitchell and the Democratic Republic of Congo, (PDF - ICSID Case No. ARB/99/7), Decision on the Application for Annulment of the Award of November 1, 2006
  This ruling was rendered by an ICSID ad-hoc Committee on November 1, 2006. The ruling annuls an arbitral award which had been rendered in an earlier ICSID arbitration between Mr. Patrick Mitchell and the Democratic Republic of Congo. The underlying arbitration had been brought under the US-Zaire bilateral investment treaty. The annulment decision was discussed in the November 24th, 2006 edition of Investment Treaty News.

• European Commission's provisions on establishment for a title on "Establishment, trade in services and e-commerce" (PDF - 349 kb)
  This paper from the European Commission, circulated to European member governments in July 2006, proposes provisions on establishment rights granted to foreign investors. The EC has suggested that these provisions act as template which it would use during its free trade agreement negotiations.

• Telenor Mobile Telecommuncations A.S. v. Republic of Hungary (PDF - ICSID Case No. ARB/04/15), Award of September 13, 2006 (PDF - 2 mb)
  This arbitral award was rendered by an ICSID tribunal in September of 2006 in an arbitration under the Norway-Hungary bilateral investment treaty. Hungary was absolved of any liability; the award was discussed in the September 20th, 2006 edition of Investment Treaty News.

• Total S.A. v. The Argentine Republic (PDF - ICSID Case No. ARB/04/01) (PDF - 177 kb)
  In this Decision on Jurisdiction a tribunal at the International Centre for Settlement of Investment Disputes (PDF - ICSID) affirmed its jurisdiction to decide a dispute launched by French energy firm Total against the Republic of Argentina for alleged breaches of the Argentina-France Bilateral Investment Treaty.

• Azurix Corp. v. Argentine Republic (PDF - ICSID Case No. ARB/01/12), Award of July 14, 2006 (PDF - 1.4 mb)
  This arbitral award was rendered by an ICSID tribunal in July of 2006 in an arbitration under the US-Argentina bilateral investment treaty between the US-based water services company Azurix and the Argentine Republic. Argentina was found to have breached several provisions of the BIT and ordered to pay $165 Million (PDF - US) in compensation. The award is discussed in the July 26th, 2006 edition of Investment Treaty News.

• Issues Paper: Upgrading the EU Investment Policy (PDF - 36 kb)
  This proposal from the European Commission proposes changes to European law that would broaden the European Union’s authority to negotiate international investment agreements with non-EU countries. In particular, it recommends that the EC be given the authority to insert a most-favoured-nation (PDF - MFN) provision in its investment agreements. The EC's ability to negotiate international investment agreements is limited, as it shares competence on foreign investment with the 25 EU member-states. However, the EC has long pushed for greater legal competence on foreign investment matters.

• Minutes of the First Session of the ICSID arbitration between Biwater Gauff (PDF - Tanzania) Ltd. and the United Republic of Tanzania (PDF - 5.3 mb)
  These are the minutes from the arbitral tribunal's first session which was held in Paris on March 23, 2005. The dispute, launched under the UK-Tanzania bilateral investment treaty, relates to an investment in a water services provider in Dar es Salem, Tanzania.

• El Paso Energy International Company v. The Argentine Republic - Decision on Jurisdiction (PDF - ICSID Case No. ARB/03/15) (PDF - 2.8 mb)
  Decision on Jurisdiction rendered by the arbitration tribunal in favour of El Paso Energy International Company in its dispute with The Argentine Republic at the International Centre for Settlement of Investment Disputes (PDF - ICSID). El Paso alleges various violations by Argentina of the US-Argentina Bilateral Investment Treaty.

• Iurii Bogdanov, Agurdino - Invest Ltd, and Agurdino-Chimia JSC v. the Republic of Moldova: Final Award (PDF - Stockholm Chamber of Commerce Arbitral Tribunal) (PDF - 12.4 mb)
  This award was rendered in September 2005, after the Russian national Iurii Bogdanov and his companies filed a claim with the Arbitration Institute of the Stockholm Chamber of Commerce, under the Russia-Moldova bilateral investment treaty. The tribunal's sole arbitrator, Giuditta Corderro Moss, concludes that Moldova was in breach of the treaty in its dealings with Mr. Bogdanov and his investment in the paint-manufacturing company, Agurdino. In total, Mr. Bogdanov launched four separate arbitrations against Moldova, all of which have been concluded. For further information, see ITN’s February 17 2006 report "Russian investor pursues multiple treaty arbitrations against Moldova in Stockholm." (PDF - 47 kb)

• Procedural Order# 1 in ICSID arbitration between Biwater Gauff (PDF - Tanzania) Limited and United Republic of Tanzania (PDF - 119 kb)
  This order was made by the tribunal on March 31, 2006, in an ICSID arbitration over a disputed water services investment. The arbitration is taking place pursuant to the UK-Tanzania BIT.

• The Republic of Ecuador and Occidental Exploration & Production Co, in the High Court of Justice, Queen’s Bench Division, Commercial Court, Case No. 04/656, Approved Judgment of March 2, 2006 (PDF - 3.6 mb)
  In this judgment, the UK High Court of Justice rejects a bid by the Government of Ecuador to challenge the award rendered in an earlier investment treaty arbitration between Ecuador and the US-based Occidental Corporation.

• Decision on Exceptions to the Jurisdiction of the Centre and the Competence of the Tribunal, Compañía de Aguas del Aconquija S.A and Vivendi Universal S.A. v. Argentine Republic, November 14 2005 (PDF - 252 kb)
  This Decision was rendered by an ICSID tribunal in November of 2005, following objections by Argentina to the jurisdiction and competence of the tribunal in a case being heard under the France-Argentina bilateral investment treaty.

• Agreement between the People's Republic of China and the Federal Republic of Germany on the Encouragement and Reciprocal Protection of Investments (PDF - 164 kb)
  This new-model bilateral investment treaty replaces an earlier agreement between China and Germany. The new treaty, which was concluded in 2003, finally came into force in November of 2005. The treaty contains a number of novel features, including a much broader right of investors to pursue international arbitration against their host states. The BIT was profiled in the February 20 issue of Investment Treaty News.

• Protocol between the European Commission and United States regarding changes to the US-Czech Republic bilateral investment treaty (PDF - 437 kb)
  This protocol amended the US-Czech bilateral investment treaty so that its provisions came into line with European Union law. The European Commission (PDF - the EU's executive branch) had insisted that certain changes be made to the US-Czech BIT, as the Czech Republic prepared to join the European Union in May of 2004. Similar amendments were made to US investment treaties in place with other new EU members, including Estonia, Poland, Latvia, Litunania and the Slovak Republic). For further background information see ITN's February 16 2004 report, "Bush Admin Sets Process in Motion to Amend BITs with Eastern and Central Europe (PDF - 71 kb)".

• International Thunderbird Gaming v. United Mexican States: Final Award and Separate Opinion of the tribunal (PDF - NAFTA UNCITRAL Arbitration)
  A NAFTA tribunal has issued its final award (PDF - 275 kb) in an arbitration between the Canadian company International Thunderbird Gaming and the Government of Mexico. A majority of the three member tribunal rejected the investor's various allegations of breach of Chapter 11 of the NAFTA. In a separate opinion (PDF - 587 kb), the remaining arbitrator held there to be a breach of one provision of NAFTA Chapter 11.

• Decision on Jurisdiction in Aguas del Tunari v. Republic of Bolivia arbitration (PDF - 6.5 mb)
  The ruling of a World Bank arbitration tribunal upholding jurisdiction in the water privatization dispute betwen the US-based Bechtel Corporation and the Republic of Bolivia.

• Annulment Application in the case of CMS Energy Transmission Company and the Argentine Republic (PDF - 219 kb)
  This document sets forth Argentina's arguments in favor of annuling the award issued in 2005 by an arbitration tribunal at the International Centre for Settlement of Investment Disputes (PDF - ICSID) in a dispute under the US-Argentina Bilateral Investment Treaty.

• AES Corporation v. Argentine Republic - Decision on Jurisdiction (PDF - ICSID Case No. ARB/02/17) (PDF - 163 kb)
  Decision on Jurisdiction rendered by the arbitration tribunal in the case of AES Corporation v. Argentine Republic at the International Centre for Settlement of Investment Disputes (PDF - ICSID) in a dispute under the US-Argentina Bilateral Investment Treaty.

• Tribunal renders award in Energy Charter dispute against Kyrgyzstan (PDF - 460 kb)
  An international arbitral tribunal has rendered an award in favor of a Gibraltar-based firm, Petrobart Limited, in its dispute with the Kyrgyz Republic. The ruling is only the second known decision issued in an arbitration under the Energy Charter Treaty, a multilateral trade and investment treaty.

• Camuzzi International S.A. v. Argentine Republic (PDF - ICSID Case No. ARB/03/02) - Decision on Jurisdiction (PDF - 369 kb)
  Decision on Jurisdiction rendered by arbitration tribunal in the case of Camuzzi International v. Argentine Republic at the International Centre for Settlement of Investment Disputes (PDF - ICSID) in a dispute under the Belgium & Luxembourg-Argentina Bilateral Investment Treaty, May 11, 2005. This decision was reported on in the June 10, 2005 (PDF - 55 kb) edition of Investment Law and Policy News Bulletin.

• Sempra Energy International v. Argentine Republic (PDF - ICSID Case No. ARB/02/16) - Decision on Jurisdiction (PDF - 399 kb)
  Decision on Jurisdiction rendered by arbitration tribunal in the case of Sempra Energy International v. Argentine Republic at the International Centre for Settlement of Investment Disputes (PDF - ICSID) in a dispute under the US-Argentina Bilateral Investment Treaty, May 11, 2005. This decision was reported on in the June 10, 2005 (PDF - 55 kb) edition of Investment Law and Policy News Bulletin.

Web Master - Copyright © 2008 International Institute for Sustainable Development