ITN

ITN October 2009

ITN October 2009 In this issue: Ad Hoc Committee confirms Argentina is on the hook to Azurix for US$165 Million; Oral hearings held in NAFTA arbitration over Canadian pesticide ban; […]

ITN  |  October 1, 2009

Chevron launches investment-treaty claim against Ecuador

By Damon Vis-Dunbar 2 October 2009 Correction: The original headline in this article stated that Chevron Corporation alleges a denial of justice on the part of Ecuador. Chevron explains that […]

ITN  |  October 1, 2009

In Brief: Telefonica and Argentina settle dispute

By Damon Vis-Dunbar 2 October 2009 The Spanish multinational Telefonica and Argentina have discontinued their arbitration at the International Centre for Settlement of Investment Disputes. The proceedings had been suspended […]

ITN  |  September 29, 2009

Claim by Cargill leads to another loss for Mexico

By Elizabeth Whitsitt 2 October 2009 Mexico has suffered another loss in a series of investor-state arbitral disputes involving its sugar industry. While attempts have been made by Mexico to […]

ITN  |  September 28, 2009

Advocate General renders opinion on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision

October 2, 2009 Correction: The original version of this article indicated that the ECJ had rendered a decision in the case Finland. In fact, an Advocate General has issued an […]

ITN  |  September 28, 2009

Oral hearings held in NAFTA arbitration over Canadian pesticide ban

By Fernando Cabrera Diaz 2 October 2009 Chemtura Corporation’s dispute with Canada over the phase-out of the agro-chemical Lindane headed to oral hearings in September after 8 years of legal […]

ITN September 2009

ITN September 2009 In this issue: Fork-in-the-road provision partially bars claim by Greek investor; Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses; Ecuador prepares for life after […]

ITN  |  August 31, 2009

Tribunal dismisses claim by Europe Cement against Turkey; Claimant ordered to bear cost of the arbitration

By Damon Vis-Dunbar 2 September 2009 An ICSID tribunal has rendered a decision after finding itself in the unusual position of facing requests from both the Claimant and Respondent for […]

ITN  |  August 28, 2009

Pantechniki S.A. Contractors & Engineers v. The Republic of Albania: Fork-in-the-road provision partially bars claim by Greek investor

By Damon Vis-Dunbar 2 September 2009 A Greek company’s decision to litigate in Albania’s domestic courts has prevented it from arbitrating a similar claim under the Albania-Greece bilateral investment treaty. […]

ITN July 2009

ITN July 2009 In this issue: Glamis Gold Ltd. v. United States of America: Tribunal sets a high bar for establishing breach of “Fair and Equitable Treatment” under NAFTA; South […]

ITN  |  July 15, 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 […]

ITN  |  July 15, 2009

South African trade department critical of approach taken to BIT-making

By Damon Vis-Dunbar 15 July 2009 A position paper published by the Government of South Africa takes a critical posture towards the country’s bilateral investment treaties (BITs). “Existing international investment […]

ITN  |  July 14, 2009

Arbitrators clash on question of interpretation in Hrvatska Electroprivreda d.d. v. The Republic of Slovenia

By Elizabeth Whitsitt 15 July 2009 On 12 June 2009 the majority of a Tribunal convened pursuant to a Request for Arbitration under the ICSID Arbitration Rules issued a partial […]

ITN  |  July 13, 2009

ICSID tribunal accepts Ecuador’s objections to jurisdiction in dispute with electricity firm

By Fernando Cabrera Diaz 15 July 2009 A tribunal at the International Centre for Settlement of Investment Disputes (ICSID) has accepted Ecuador’s objections to jurisdiction in an arbitration commenced by […]

ITN  |  July 13, 2009

Venezuela consents to arbitration in new BIT with Russia

By Fernando Cabrera Diaz 15 July 2009 A new bilateral investment treaty between Venezuela and Russia provides consent to international arbitration for settling disputes pursuant to the treaty, despite President […]

ITN  |  July 11, 2009

Vattenfall request for arbitration

Request for Arbitration in a dispute between Vattenfall AB, Vattenfall Europe AG, Vattenfall Europe Generation AG & Co. KG (Sweden and Germany) and the Federal Republic of Germany, 30 March […]

ITN  |  July 10, 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 […]

ITN  |  July 2, 2009

Award: Saipem v. Bangladesh

SAIPEM S.p.A. v. THE PEOPLE’S REPUBLIC OF BANGLADESH (ICSID Case No. ARB/05/7)

ITN June 2009

ITN June 2009 In this issue: US forestry company and Canada dispute British Columbia logging regulations; Ecuador defies provisional measures in dispute with French oil company; Ecuador continues exit from […]

ITN  |  June 8, 2009

Norway shelves its draft model bilateral investment treaty

By Damon Vis-Dunbar 8 June 2009 Norway has abandoned a draft model bilateral investment treaty (BIT), following public input that was largely critical. The draft text of the model BIT, […]

ITN  |  June 5, 2009

Recently Published: A Thirst For Distant Lands: foreign investment in agricultural land and water

Recently Published: A Thirst For Distant Lands: foreign investment in agricultural land and water http://www.IISD.org/pdf/2009/thirst_for_distant_lands.pdf A new paper published by the International Institute for Sustainable Development (IISD), and authored by […]

ITN  |  June 5, 2009

In brief: Suspension extended in Piero Foresti, Laura de Carli and others v. Republic of South Africa

By Damon Vis-Dunbar 8 June 2009 European claimants and the government of South Africa have agreed to extend the suspension of their ICSID arbitration. The high-profile case was suspended at […]

ITN  |  June 5, 2009

NGOs claim the Philippine-Japan free trade agreement is unconstitutional

By Damon Vis-Dunbar 8 June 2009 A petition lodged with the Philippine Supreme Court by non-governmental organizations (NGOs) argues that the investment chapter of the Japan-Philippines Economic Partnership Agreement (JPEPA) […]

ITN  |  June 5, 2009

Ecuador continues exit from ICSID

By Fernando Carbrera Diaz 8 June 2009 Ecuadorian president Rafael Correa announced on May 30 that his country would be denouncing the International Centre for Settlement of Investment Disputes (ICSID), […]

ITN  |  June 5, 2009

Ecuador defies provisional measures in dispute with French oil company

By Damon Vis-Dunbar 8 June 2009 An ICSID tribunal authorized provisional measures on May 8th in an effort to stop the Government of Ecuador from seizing assets belong to the […]

ITN  |  June 5, 2009

United States reviews its model bilateral investment treaty

By Damon Vis-Dunbar 5 June 2009 The United States has embarked on a review of its model bilateral investment treaty (BIT). Last updated in 2004, the US closely adheres to […]

ITN  |  May 11, 2009

Tribunal rechaza Alegato de Contramedidas en laudo recientemente publicado en el caso Corn Products International Inc. c. Los Estados Unidos Mexicanos

Por Elizabeth Whitsitt 28 de Abril, 2009 En un laudo del CIADI recientemente publicado, un tribunal declaró culpable a México por violar el Capítulo 11 del TLCAN ante la empresa […]

ITN  |  May 11, 2009

Grupo de transportistas mexicanos lanza diferencia contra EUA bajo el Capítulo 11 del TLCAN sobre prohibición de transporte terrestre

Por Fernando Cabrera Diaz 28 de Abril, 2009 El grupo industrial de transportistas mexicanos, CANACAR, ha iniciado un arbitraje bajo el Capítulo 11 contra Estados Unidos, alegando que EUA violó […]

ITN  |  May 11, 2009

¿Derribando el TLCAN?

Por Howard Mann, Asesor Senior en Derecho Internacional del Instituto Internacional de Desarrollo Sostenible 2 de Mayo 2009 El 31 de marzo de 2009 Dow AgroSciences LLC, subsidiaria de la […]