ECT

ITN  |  Monday January 14th, 2013

News in Brief

Canada receives investor complaints over provincial energy and environment policies In recent months the government of Canada has received two complaints related to energy and environmental policies adopted by its provinces. Both investors have served Ottawa with notices of intent to submit a claim to arbitration under NAFTA’s investment chapter. A Delaware-based energy firm is […]

ITN  |  Thursday July 19th, 2012

News in Brief

Vattenfall launches new claim against Germany The Swedish state-run energy firm Vattenfall has launched a second claim against Germany. The claim stems from Germany’s May 2011 decision to phase-out its nuclear power plants, in which 8 plants have been shuttered and the remaining 9 plants to be closed over the next decade. While Germany has […]

ITN  |  Thursday July 19th, 2012

Trends in Investor Claims Over Feed-in Tariffs for Renewable Energy

As governments increasingly turn to renewable energy to mitigate climate change, domestic climate-related policies in the form of price support measures such as feed-in tariffs (FiTs) have played an important role in stimulating the much needed investment—public and private, domestic and foreign—in the sector. Feed-in tariffs are characterized by guaranteed electricity purchase prices (set higher […]

ITN  |  Thursday January 12th, 2012

Awards and Decisions

Arbitrator sharply critical of majority decision in Italian bondholder claim against Argentina Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic, ICSID Case No. ARB/07/5 Damon Vis-Dunbar Professor Georges Abi-Saab has delivered a sharply worded dissent against a decision that granted jurisdiction to an ICSID case involving tens of […]

ITN  |  Thursday January 12th, 2012

News in Brief

Philip Morris files for arbitration over intellectual property dispute with Australia The tobacco company Philip Morris filed for arbitration on 21 November 2011, claiming the government of Australia’s regulations on cigarette branding breach the Hong Kong-Australia bilateral investment treaty. The announcement arrived on the same day that the Australian Parliament passed legislation that bans most […]

ITN  |  Thursday April 7th, 2011

Awards and decisions

UK firm victorious in dispute with Russia, but damages much less than claimed RosInvestCo UK Ltd.  v. The Russian Federation, SCC Case No. Arb. V079/2005 Lise Johnson In an award dated 12 September 2010, the tribunal in RosInvestCo v. Russian Federation issued an award in which it found that the Russian Federation had unlawfully expropriated […]

ITN  |  Wednesday March 10th, 2010

Hearings take place in dispute between Electrabel and Hungary despite snowy weather

By Elizabeth Whitsitt March 11, 2010 Despite snow storm interruptions a tribunal, composed of Mr. V.V. Vedeer, Ms. Gabrielle Kaufmann-Kohler, and Ms. Brigitte Stern, heard the merits of the dispute between Belgium-based energy firm Electrabel SA and Hungary last month. Along with AES Summit Generation Limited v. Republic of Hungary, the Electrabel SA v. Republic […]

ITN  |  Wednesday February 10th, 2010

Tribunal’s decision in anticipated Yukos case released to public

By Elizabeth Whitsitt February 14, 2010 Three highly anticipated decisions permitting three claimants – all former shareholders of Yukos Oil Corporation OJSC (Yukos) – to proceed to the merits phase of their multi-billion dollar expropriation claim against the Russian government have been released to the public.* Similar in content, all three decisions were issued by […]

ITN  |  Sunday November 1st, 2009

Cementownia claim against Turkey found to be “manifestly ill-founded”

By Elizabeth Whitsitt November 3, 2009 On September 17, 2009 an ICSID tribunal dismissed yet another claim initiated against the Republic of Turkey by an entity, Cementownia “Nowa Huta” S.A. (“Cementownia”), operated by the Uzan family.  As previously reported*, the Uzans are a wealthy Turkish family whose members have been enmeshed in multiple disputes around […]

ITN  |  Sunday November 1st, 2009

Confusion about Settlement Agreement leads to Dismissal of Case Between Dutch Companies and Azerbaijan

By Elizabeth Whitsitt November 3, 2009 After a disagreement regarding the existence of a settlement agreement, an ICSID tribunal has determined that it has no jurisdiction to hear a dispute initiated by three Dutch companies, Azpetrol International Holdings B.V., Azpetrol Group B.V. and Azpetrol Oil Services Group B.V. against the Republic of Azerbaijan. The Dutch […]

ITN  |  Wednesday July 15th, 2009

Greenpeace pressures German government for transparency in Vattenfall dispute

By Damon Vis-Dunbar 15 July 2009 Arbitration proceedings between the Government of Germany and the Swedish energy utility Vattenfall should be conducted transparently, argue a coalition of non-governmental organizations. Greenpeace Germany and the World Economy, Ecology and Development organization are pressing the German Government to reverse its policy of not commenting or disclosing information related […]

ITN  |  Friday July 10th, 2009

Vattenfall request for arbitration sheds new light on dispute with Germany

By Damon Vis-Dunbar 11 July 2009 Investment Treaty News (ITN) has posted the request for arbitration by the Swedish energy utility Vattenfall against the Government of Germany. In April Vattenfall brought the German government to international arbitration in a challenge to environmental restrictions imposed by the City of Hamburg on a coal-fired power plant under […]

ITN  |  Sunday May 3rd, 2009

German government mum on Vattenfall ECT Claim

By Damon Vis-Dunbar 2 May 2009 The German government has declined to provide information on an investment dispute with the European utility Vattenfall on the grounds that it is against government policy to comment or disclose information on pending arbitrations. As has been reported in the financial press, Vattenfall is bringing the German government to international […]

ITN  |  Wednesday March 4th, 2009

European Court of Justice rules that certain Swedish and Austrian BITs are incompatible with the EC Treaty

By Damon Vis-Dunbar 4 March 2009 The European Court of Justice (ECJ) has ruled that certain clauses in Sweden and Austria’s bilateral investment treaties are incompatible with the European Community (EC) Treaty. The European Commission brought Sweden and Austria to the ECJ in 2006, after these countries refused to eliminate ‘transfer clauses’ in BITs signed with […]

Awards  |  Tuesday September 30th, 2008

Plama Consortium Limited v. Republic of Bulgaria: Honesty is the best policy

By Elizabeth Whitsitt 30 September 2008 In a 27 August 2008 decision, a tribunal has concluded that Plama Consortium Limited (PCL), a Cyprus firm, was not entitled to protections afforded under the Energy Charter Treaty (ECT), given that it had fraudulently misrepresented itself when it invested in a privatized refinery, Nova Plama AD. In addition, […]

ITN  |  Friday September 26th, 2008

Caratube International Oil Company LLP v. Republic of Kazakhstan: American investor sues Kazakhstan over oil-field dispute

By Damon Vis-Dunbar 26 September 2008 A US citizen, Devincci Salah Hourani, has launched a lawsuit against the government of Kazakhstan over a failed contract to explore and exploit oil in the country. Mr. Hourani, who holds a 92% stake in the Kazakh firm Caratube International Oil Company (CIOC), has alleged breaches of the United […]

ITN  |  Monday August 11th, 2008

TDM Call for Papers: The Notion of Investment – In Search of an Acceptable Definition

Transnational Dispute Management (TDM) is announcing a special issue dedicated to the notion of investment. The theme of the issue is: “The notion of investment: in search of an acceptable definition“. Contributions are invited from prospected authors with unpublished or previously published articles, conference papers, research papers, case studies. The recent arbitration awards where the […]