ITN

ITN  |  May 11, 2010

Michigan owner and operator of busy trade route prepares to file a second NAFTA claim against Canada

By Elizabeth Whitsitt May 11, 2010 A Notice of Intent forwarded to Canada earlier this year by US owner and operator of the Ambassador Bridge contends that the Canadian government […]

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 finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits

By Fernando Cabrera Diaz April 8, 2010 An international tribunal has found Ecuador in breach of the Ecuador-United States BIT for the failure of its courts to reach a timely […]

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 […]

ITN  |  April 7, 2010

Bolivia ordered to suspend criminal proceedings in its ongoing dispute with Chilean chemical firm Quiborax

By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has granted provisional measures in a dispute between co-claimants Quiborax, Non Metallic Metals (NMM) and Allan Fosk Kalún and respondent state, […]

ITN  |  March 16, 2010

NEWS UPDATE: NY Judge dismisses Ecuador request for stay of Chevron arbitration

By Fernando Cabrera Diaz March 16, 2010 Judge Leonard Sand of the U.S. District Court for the Southern District of New York has granted Chevron’s motion to dismiss Ecuador’s request […]

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

ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceeding

By Ugo Ukpabi* March 11, 2010 In Giovanna A Beccara and Others v. The Argentine Republic a tribunal composed of Pierre Tercier, Georges Abi – Saab, and Albert Jan Van […]

ITN  |  March 10, 2010

A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements

By Elizabeth Whitsitt March 11, 2010 (NOTE: two corrections have been made to this article.  See explanations below.) A three-member tribunal, composed of Mr. Fali S. Nariman, Professor S. James Anaya, […]

ITN  |  March 10, 2010

Ecuadorians battle Chevron in U.S. court over BIT arbitration in long-running environmental damage dispute

By Fernando Cabrera Diaz March 11, 2010 Chevron and Ecuadorian citizens are in U.S. court in the latest chapter of a 16 year battle over environmental damage in Lago Agrio […]

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

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 […]

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

Claimant seeks enforcement of environmental laws in notice of dispute alleging expropriation of Barbadian nature sanctuary

By Elizabeth Whitsitt February 14, 2010 A notice of dispute forwarded to Barbados some five months ago by Mr. Peter Allard, Canadian owner of the Graeme Hall Nature Sanctuary, contends […]

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

UNCITRAL Tribunal determines that wheat supply contracts are not “investments” under Swiss-Uzbekistan BIT

By Elizabeth Whitsitt January 13, 2010 Swiss-based firm Romak S.A. has lost a protracted dispute against the Republic of Uzbekistan regarding alleged non-payment for wheat shipments to the country during […]

ITN  |  January 12, 2010

Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina

By Elizabeth Whitsitt January 13, 2010 An ad hoc committee composed of Dr. Gavan Griffith Q.C., Judge Patrick L. Robinson, and Judge Per Tresselt has decided to continue to stay […]

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 […]

ITN  |  January 12, 2010

In Brief: The merits of former Yukos Shareholders’ expropriation claim will be heard

By Elizabeth Whitsitt January 13, 2010 In a decision not yet released to the public, it has been reported that former Yukos shareholders may proceed to the merits phase of […]

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

German investor launches ICSID case against Costa Rica over alleged expropriation of land near endangered turtle habitat

By Fernando Cabrera Diaz December 6, 2009 (Note: a correction has been made to this article.  An explanation is posted below) German investor Reinhard Unglaube, a resident of Costa Rica, […]

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

Continental Casualty and Argentina will continue to battle over financial investments

By Elizabeth Whitsitt December 6, 2009 On October 23, 2009 an ad hoc committee, composed of Gavan Griffith Q.C., Judge Bloa A. Ajibola and Mr. Christer Söderlund, ruled that it […]

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

In Brief: Rumors of a dispute between Ukrainian and Viennese firms over natural gas surface

By Elizabeth Whitsitt December 6, 2009 Murmurings that Centragas Beteiligungs Holding AG has accused the Ukraine of violating “an agreement on the Energy Charter” surfaced in mid-November.* According to press […]

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. […]

ITN  |  November 1, 2009

Quiborax claim against Bolivia continues; may provide first decision on effects of ICSID exit

By Fernando Cabrera November 3, 2009 Chilean Química e Industrial del Bórax Ltd. (“Quiborax”) will continue with its claim against Bolivia at the International Centre for Settlement of Investment Dispute […]

ITN  |  November 1, 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 […]