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. […]
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 […]
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 […]
By Fernando Cabrera Diaz November 3, 2009 Members of the Bolivarian Alliance for the Peoples of Our America (“ALBA”) are moving forward with a plan to create a regional arbitration […]
By Elizabeth Whitsitt November 3, 2009 More than three years ago, on March 3, 2006, Texas-based energy company, F-W Oil Interests Inc. (“FWO”) lost its fight against the Republic of […]
By Elizabeth Whitsitt November 3, 2009 On October 8, 2009 an ICSID tribunal, composed of Professor Piero Bernardini, Mr. Arthur W. Rovine, and Mr. Yves Derains, confirmed that allegations of […]
By Elizabeth Whitsitt October 11, 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 […]
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; […]
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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 […]
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 […]
By Damon Vis-Dunbar 2 October 2009 A claim by a Turkish investor against Pakistan has been dismissed on its merits after the Tribunal concluded that Pakistani government officials did not […]
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 […]
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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 […]
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 […]
By Elizabeth Whitsitt 2 October 2009 Marking a final setback for Argentina in its protracted dispute with US-based water services firm Azurix Corp, on 1 September 2009 an ad hoc […]
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 […]
By Fiona Marshall 2 September 2009 The recent decision in Pantechniki v. Albania that the investor’s claim was partially barred because of its earlier court proceedings appears to be the […]
By Elizabeth Whitsitt 2 September 2009 Last updated five years ago, the United States’ Model Bilateral Investment Treaty (BIT) is currently under review by the US Administration to ensure that […]
Recently Published:“Rethinking Foreign Investment for Sustainable Development: Lessons from Latin America”, Edited by Kevin P. Gallagher and Daniel Chudnovsky, with a Foreword by José Antonio Ocampo, Anthem Press February 2009, […]
By Fernando Cabrera Diaz 2 September 2009 El Salvador’s ruling FMLN party is considering a ban on precious metal mining in response to public opposition to perceived environmental degradation. The […]
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 […]
By Elizabeth Whitsitt 2 September 2009 The United Mexican States has suffered yet another setback in its long and protracted dispute with the United States of America over the sugar […]
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. […]
By Fernando Cabrera Diaz 2 September 2009 Ecuador’s announcement in July that it was denouncing the Convention on the Settlement of Investment Disputes between States and Nationals of Other States […]
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 […]
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 […]
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 […]
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 […]
By Elizabeth Whitsitt and Damon Vis-Dunbar 15 July 2009 A protracted dispute between the United States of America and Glamis Gold Ltd., a Canadian gold mining company, was settled in […]
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 […]
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 […]
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 […]
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 […]
SAIPEM S.p.A. v. THE PEOPLE’S REPUBLIC OF BANGLADESH (ICSID Case No. ARB/05/7)
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 […]
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, […]
By Elizabeth Whitsitt 8 June 2009 On 1 June 2009 an ICSID tribunal found the Arab Republic of Egypt liable to Mr. Waguih Elie George Siag and Mrs. Clorinda Vecchi […]
By Elizabeth Whitsitt 8 June 2009 Oral hearings were held in May over a claim by an American forestry and land management company against the Government of Canada for damages […]
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 […]
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 […]
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) […]
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), […]
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 […]
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 […]
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 […]