ITN

ITN  |  May 11, 2010

American gas services firm Exterran files for arbitration against Venezuela over nationalized assets

By Fernando Cabrera Diaz May 11, 2010 (NOTE: A correction has been made to this article.  An explanation is posted below) Houston-based Exterran Holdings has taken Venezuela to ICSID over […]

ITN  |  April 8, 2010

Ad hoc committee confirms that Kazakhstan is on the hook for US$ 125 million

By Elizabeth Whitsitt April 8, 2010 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of the Republic of Kazakhstan.  The former Soviet […]

ITN  |  April 8, 2010

RSM Production Corp. files second arbitration against Grenada, sues Freshfields

By Fernando Cabrera Diaz April 8, 2010 On March 16, the International Centre for Settlement of Investment Disputes (ICSID) registered a second arbitration initiated by Denver-based RSM Production Corp against […]

April 2010 ITN

April 2010 In this issue: Tribunal finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits; Tribunal hears additional challenges to its jurisdiction in Railroad Development […]

ITN  |  April 7, 2010

Tribunal hears additional challenges to its jurisdiction in Railroad Development Corporation v. Republic of Guatemala

By Elizabeth Whitsitt April 8, 2010 The hearing on preliminary objections to jurisdiction in the Railroad Development Corporation (RDC) v. Republic of Guatemala arbitration took place from Monday, March 1, […]

ITN  |  April 7, 2010

Cemex v. Venezuela: Provisional Measures allowed in circumstances of necessity and urgency

By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has refused a request for provisional measures by the world’s third largest cement-producer.  In its decision dated March 3, 2010, the […]

ITN  |  April 7, 2010

Oil transport company Tidewater Inc. initiates ICSID arbitration against Venezuela over expropriated assets

By Fernando Cabrera Diaz April 8, 2010 New Orleans-based Tidewater Inc. has initiated arbitration against Venezuela at ICSID over the latter’s alleged take-over of 15 of the company’s vessels in […]

March 2010 ITN

March 2010 In this issue: ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceedings; A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements; Ecuadoreans […]

ITN  |  March 10, 2010

Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and Argentina

By Elizabeth Whitsitt March 11, 2010 In the past two months, arbitral tribunals have been convened in a few ICSID arbitrations. Most recently, a tribunal was constituted in a dispute […]

ITN  |  March 10, 2010

Canadian mining firm accused of links to murder of protester, threatens arbitration over mine closure in Chiapas

By Fernando Cabrera Diaz March 11, 2010 Calgary-based mining firm Blackfire Exploration has reportedly threatened Mexican officials in Chiapas with NAFTA Chapter 11 arbitration in response to the closure of […]

ITN  |  March 10, 2010

In Brief: Proceedings are suspended in dispute between French oil company and Ecuador

By Elizabeth Whitsitt March 11, 2010 Thomas Bingham, President of the ICSID tribunal in Perenco Ecuador Limited v. Ecuador has resigned. At the center of the dispute between Perenco and […]

ITN  |  March 10, 2010

In Memorium: Sir Ian Brownlie Q.C. (1932 – 2010)

By Elizabeth Whitsitt March 11, 2010 A prominent figure in the field of public international law passed unexpectedly on January 3, 2010 at age 77.  According to reports, Professor Brownlie […]

ITN  |  February 10, 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 […]

ITN  |  February 10, 2010

ICSID finds that corruption has no place in annulment proceedings

By Elizabeth Whitsitt February 14, 2010 American businessman, Jack J. Grynberg, has suffered another setback in his company’s ongoing dispute with Grenada. Commenced in 2005, the ICSID claim was one […]

ITN  |  February 10, 2010

Consortium building new Quito Airport takes Ecuador to ICSID

By Fernando Cabrera Diaz February 14, 2010 Corporacion Quiport S.A., the company building the new Quito international airport, has initiated arbitration proceedings at ICSID against the Republic of Ecuador in […]

ITN  |  February 10, 2010

Perenco-nominated arbitrator disqualified for interview comments in ICSID dispute with Ecuador

By Fernando Cabrera Diaz February 14, 2010 Permanent Court of Arbitration (PCA) Secretary-General Cristiaan M.J. Kroner has accepted the challenge by Ecuador to remove the Honourable Charles N. Brower as […]

ITN  |  February 10, 2010

ICSID tribunal affirms power to exclude counsel, but declines to do so

By Elizabeth Whitsitt February 14, 2010 An ICSID tribunal, composed Sir Franklin Berman, Mr. Donald Donovan and Mr. Marc Lalonde, has determined that Mr. Barton Legum, a partner with Salans […]

ITN  |  February 10, 2010

TWC Group settles with the Dominican Republic

By Elizabeth Whitsitt February 14, 2010 TWC Group, Inc. and its affiliate Dominican Energy Holdings L.P have reached a settlement with the Dominican Republic, ending a dispute that began in […]

ITN  |  February 10, 2010

In Brief: New arbitrator nominated in NAFTA dispute over thwarted Canadian garbage site

By Eliabeth Whitsitt February 14, 2010 Canada has nominated Mr. Laurent Lévy to act as arbitrator in its Chapter 11 NAFTA dispute against US investor Vito G. Gallo. Canada’s original […]

ITN  |  January 12, 2010

ICSID Tribunal sides with Chile, rejects claimant’s partial revision request in long running dispute over El Clarin newspaper

By Fernando Cabrera Diaz January 13, 2010 An ICSID tribunal has rejected a partial revision request by Pey Casado and the Presidente Allende Foundation of an award rendered in their […]

ITN  |  January 12, 2010

Cemex v. Venezuela: challenges to ICSID arbitrators must be made “promptly”

By Elizabeth Whitsitt January 13, 2010 On November 6, 2009 two members of an ICSID arbitral tribunal – Judge Gilbert Guillaume (President) and Professor Georges Abi-Saab – dismissed Venezuela’s challenge […]

ITN  |  January 12, 2010

UNCITRAL Claimant Given 30 days to Appoint New Arbitrator in UK-Argentina BIT Dispute

By Elizabeth Whitsitt January 13, 2010 Later this month UK-based firm, ICS Inspection and Control Services Limited (ICS), is expected to appoint another arbitrator in its dispute against the Argentine […]

ITN  |  January 12, 2010

An ICSID Tribunal splits over whether to hear ancillary claims in dispute over unpaid gas deliveries

By Elizabeth Whitsitt January 13, 2010 In a split decision, an ICSID tribunal has refused to hear ancillary claims advanced by American company, Itera International Energy LLC (Itera), and its […]

ITN  |  January 12, 2010

Spanish firms launch ICSID dispute against Mexico over stalled toxic waste disposal project

By Fernando Cabrera Diaz January 13, 2010   Spanish firms Abengoa, S.A. and COFIDES, S.A. have launched a claim with ICSID against Mexico over the stalled opening of a toxic […]

December 2009 ITN

ITN December 2009 In this issue: Very High Standard of Review for ICSID Annulment Applications Confirmed; German investor launches ICSID case against Costa Rica over alleged expropriation of land near […]

ITN  |  December 4, 2009

Very High Standard of Review for ICSID Annulment Applications Confirmed

By Elizabeth Whitsitt December 6, 2009 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of two US power companies: M.C.I. Power Group, […]

ITN  |  December 4, 2009

Arbitrator forced to choose in NAFTA dispute over thwarted Canadian garbage site

By Elizabeth Whitsitt December 6, 2009 Mr. J. Christopher Thomas Q.C. has resigned from his appointment as an arbitrator in a Chapter 11 NAFTA dispute initiated by US investor Vito […]

ITN  |  December 4, 2009

Canadian mining company Gold Reserve commences ICSID arbitration against Venezuela

By Fernando Cabrera Diaz December 6, 2009 Canadian mining company Gold Reserve has commenced arbitration against Venezuela at the International Centre for Settlement of Investment Disputes (ICSID) over the alleged […]

ITN  |  December 4, 2009

An End to European mining claims in South Africa?

By Elizabeth Whitsitt December 6, 2009 On November 2, 2009 claimants in the high-profile arbitration involving mining interests owned by Piero Foresti, Laura de Carli and others against the Republic […]

ITN  |  December 4, 2009

Recently Published

By Elizabeth Whitsitt December 6, 2009 International Investments Protection:  Comparative Law Analysis of Bilateral and Multilateral Interstate Conventions, Doctrinal Texts and Arbitral Jurisprudence Concerning Foreign Investments, By Jan Schokkaert and […]

November 2009 ITN

ITN November 2009 In this issue: ICSID Tribunal Confirms that Allegations of Corruption Must Be Substantiated by “Clear and Convincing Evidence”; F-W Oil Interests Inc. v. Republic of Trinidad & […]

ITN  |  November 2, 2009

In Brief: Haiti Ratifies ICSID Convention

By Elizabeth Whitsitt November 3, 2009 Haiti has ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”). Haiti deposited its […]

ITN  |  November 1, 2009

Innovative Steps are Introduced Into Non-Disputing Party ICSID Procedure

By Elizabeth Whitsitt November 3, 2009 In a high-profile arbitration involving mining interests owned by Piero Foresti, Laura de Carli and others versus the Republic of South Africa, an ICSID […]

ITN  |  November 1, 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. […]