Visit our webpage International Investment Law and Sustainable Development, which features analyses of investment arbitration cases having sustainable development implications.

[English only] [Seulement en anglais] [Sólo en inglés]

ICSID tribunal rejects Spanish power company claims – no legitimate expectations of market framework improvement

Orazul International España Holdings S.L. v Argentine Republic, ICSID Case No. ARB/19/25, Award, 14 December 2023 The ICSID tribunal issued its award in the Orazul case. The tribunal rejected all […]

The ICSID Tribunal’s decision in BSG Resources v. Guinea concludes that the mining licences were obtained through corruption

BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea (I), ICSID Case No. ARB/14/22 Summary BSG Resources Limited (in administration), BSG […]

ICSID tribunal upholds Guatemala’s preliminary objection against the import of 10 umbrella clauses through an MFN clause while rejecting and joining to the merits the remaining preliminary objections raised by the state

Grupo Energía Bogotá S.A. E.S.P. and Transportadora de Energía de Centroamérica S.A. v. Republic of Guatemala, ICSID Case No. ARB/20/48, Decision on Preliminary Objections, November 24, 2023 Summary The companies […]

ICSID tribunal finds Hungary in violation of its BIT obligations and awards damages to Sodexo Pass International

Sodexo Pass International SAS v. Hungary, Award, ICSID Case No. ARB/14/20 Summary In 2014, Sodexo Pass International filed an ICSID claim against Hungary, alleging breaches of the latter’s obligations under […]

An ICSID tribunal further restricts the scope of security for costs applications

Vercara LLC (formerly Security Services LLC, formerly Neustar, Inc) v. Republic of Colombia, ICSID Case No. ARB/20/7, Decision on security for costs, September 27, 2023 Summary The decision concerns security […]

Awards  |  January 13, 2024

Another tribunal to reject the Achmea-based jurisdictional objection

Adria Group B.V. and Adria Group Holding B.V. v. The Republic of Croatia, Decision on Intra-EU Jurisdictional Objection, ICSID Case No. ARB/20/6

Awards  |  September 30, 2023

The English High Court Greenlights Enforcement of an ICSID Arbitration Award Issued in Intra-EU Investment Treaty Proceedings

A major development in the intra-EU investment treaty arbitration saga recently played out before the English courts. In Infrastructure Services Luxembourg and Energia Termosolar v Spain (Antin v Spain) the High Court took a stance in favour of the recognition and enforcement of intra-EU awards issued under the ICSID Convention. Antin v Spain follows the precedent set by the British Supreme Court in Micula v Romania, which held that the EU treaties did not supersede the United Kingdom’s obligations under the ICSID Convention.

ICSID tribunal upholds China’s jurisdictional objection

AsiaPhos Limited and Norwest Chemicals Pte Limited v. the People’s Republic of China, ICSID Case No. ADM/21/1, Award, 16 February 2023

AFC Investment Solutions S.L. v República de Colombia ICSID Case No. ARB/20/16:

The relevance of the distinction between “dispute” and “claim” in light of ICSID Arbitration Rule 41(5) The tribunal accepted the preliminary objection of the Republic of Colombia (the “respondent”) after […]

Awards  |  December 26, 2022

Tribunal decides on who may properly represent Venezuela in arbitration

Venezuela Holdings, B.V., et al (case formerly known as Mobil Corporation, Venezuela Holdings, B.V., et al.) v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/27

Tribunal rules in favour of claimants in another Spanish solar dispute; Dissenting arbitrator argues that tribunal nonetheless over-emphasized Spain’s “right to regulate”

In another renewables case against Spain, an ICSID tribunal awarded over EUR 28 million to two subsidiaries of the German company RWE (jointly, RWE).

Awards  |  December 19, 2020

ICSID tribunal dismisses claims of Interocean Oil Development Company and Interocean Oil Exploration Company against Nigeria while upholding its jurisdiction to hear the claims solely based on Nigeria’s domestic investment statute

Interocean Oil Development Company and Interocean Oil Exploration Company v. Federal Republic of Nigeria, ICSID Case No. ARB/13/20