Dominant and effective nationality objection prevails in CAFTA-DR arbitration
Michael Ballantine and Lisa Ballantine v. The Dominican Republic, PCA Case No. 2016-17
CAFTA-DR
Tribunal finds Costa Rica’s measures to protect the environment did not breach FET or its expropriation obligations under CAFTA-DR
DAVID R. AVEN AND OTHERS V. REPUBLIC OF COSTA RICA, ICSID CASE NO. UNCT/15/3
Awards and Decisions
ICSID tribunal dismisses claims brought against Indonesia based on forged mining licences Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 Inaê Siqueira de Oliveira [*] After rendering separate decisions on jurisdiction¾one for the case brought by British company Churchill Mining PLC under the United […]
Pac Rim v. El Salvador: all claims dismissed; OceanaGold to pay US$8 million in costs
Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12 On October 14, 2016, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) dismissed on their merits all claims by Pac Rim Cayman LLC (Pac Rim) against El Salvador. The tribunal ordered the mining company—currently owned by Australian-Canadian OceanaGold—to […]
Awards and Decisions
The long-expected final award has been rendered in the high-profile case initiated by tobacco giant Philip Morris in early 2010 against Uruguay over its tobacco control measures.
Claimant fails to comply with three-year limitation period under CAFTA-DR
A tribunal at the International Centre for Settlement of Investment Disputes (ICSID) declared that it lacked jurisdiction in the case of Corona Materials LLC (a U.S. company) against the Dominican Republic.
News in Brief
Australia to reject investor-state dispute resolution in TPPA The Australian government will not sign on to investor-state dispute resolution provisions in the Trans-Pacific Partnership Agreement (TPPA), according to an Australian government official. “We have made it clear that we will no longer be seeking investor-state dispute settlement provisions in trade agreements,” said the Australian Minister […]
News In Brief*
*These are abridged versions of articles originally published by the independent news service Investment Arbitration Reporter (http://www.iareporter.com/). They are used with permission and may not be reproduced without the express permission of IAReporter. Parties announce settlement of dispute over German power plant 28.8.2010 A Swedish power company and the Federal Republic of Germany […]
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, 2010 through Wednesday, March 3, 2010. Consistent with the transparency provisions of CAFTA-DR, the hearing conducted in early March was open to the public, except […]
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 2007. TWC had been seeking some US$ 680 million for alleged violations of the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR). In a joint […]
El Salvador government considers ban on mining as permit freeze leads to CAFTA arbitration
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 government of El Salvador has not issued mining permits for two years, and as a result is now facing two arbitration claims before the International […]
Tribunal refuses to clarify decision on jurisdiction in Railroad Development Corporation v. Republic of Guatemala
By Damon Vis-Dunbar 20 January 2009 The tribunal hearing a dispute between the Railroad Development Corporation (RDC) and Guatemala under the Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA) has declined to clarify its 17 November 2008 decision on jurisdiction, following a petition by Guatemala. Guatemala had contested the tribunal’s jurisdiction […]
El Salvador warned of CAFTA-DR lawsuit by mining company
By Damon Vis-Dunbar 12 December 2008 A Canadian mining company and its American subsidiary have threatened the government of El Salvador with a lawsuit after it failed to receive regulatory approval to begin digging for gold and silver in an area some 65 km from San Salvador. The proposed mine has drawn intense opposition from […]
Objeción de Guatemala a jurisdicción de tribunal rechazada en arbitraje del TLCAC-RD
Por Damon Vis-Dunbar 26 de Noviembre 2008 El primer arbitraje de inversión a ser iniciado bajo el Tratado de Libre Comercio entre la República Dominicana – América Central – Estados Unidos (TLCAC-RD) sigue avanzando después de que el Tribunal rechazara en noviembre una objeción a su jurisdicción presentada por Guatemala. Railroad Development Corporation (RDC), la […]
Guatemala’s objection to jurisdiction dismissed in DR-CAFTA arbitration
By Damon Vis-Dunbar 26 November 2008 The first investment arbitration to be launched under the Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA) is moving forward after the Tribunal dismissed Guatemala’s objection to jurisdiction in November. The Railroad Development Corporation (RDC), a U.S. company that won a public bid through its […]
Société Générale passes jurisdictional hurdle in dispute with Dominican Republic; controversy erupts over press release
By Fernando Diaz Cabrera 28 October 2008 Lawyers for the Dominican Republic have accused a subsidiary of the French financial services company Société Générale of breaking confidentiality rules in an ad-hoc arbitration when it issued a press release announcing that the tribunal had ruled in its favour by rejecting the Dominican Republic’s objections to jurisdiction. […]
Dominican Republic target of potential treaty claims in toll road dispute
By Fernando Cabrera Diaz 30 September 2008 The Dominican Republic faces two possible treaty claims in a dispute with a consortium it hired to extend and operate an important highway connecting the capital with the eastern part of the island. The dispute centres on a 2001 concession contract signed between the Concesionaria Dominicana de Autopistas […]