ICSID

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  |  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 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  |  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

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 […]

Tribunal orders compensation in Dutch farmers’ claims against Zimbabwe

By Damon Vis-Dunbar 28 April 2009 An ICSID tribunal has ordered the government of Zimbabwe to compensate a group of Dutch nationals who saw their farms expropriated under Zimbabwe’s controversial […]

ITN  |  April 23, 2009

Malaysian Historical Salvors jurisdictional award annulled; committee split on question of economic development as criteria of ICSID investments

By Damon Vis-Dunbar 23 April 2009 The members of an ICSID committee hearing an annulment request in Malaysian Historical Salvors v. the Government of Malaysia have come to starkly different […]

ITN  |  April 2, 2009

European miners and South Africa suspend proceedings

By Damon Vis-Dunbar 2 April 2009 (Note: a correction has been made to this article. An explanation is posted below). A group of European’s with a stake in South Africa’s […]

ITN  |  March 30, 2009

CIT Group settles with Argentina

By Damon Vis-Dunbar 30 March 2009 The American finance company CIT Group has reached a settlement with Argentina, bringing to close ICSID arbitration proceedings which began in 2003. CIT Group […]

ITN  |  March 27, 2009

Meg Kinnear electa como Secretaria General del CIADI

Por Damon Vis-Dunbar 3 de marzo 2009 Una ciudadana canadiense fue electa como la nueva secretaria del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI) del Banco Mundial, […]

ITN  |  March 16, 2009

Argentina ordered to place US$75 million in escrow pending annulment decision on Sempra award

By Fernando Cabrera Diaz 16 March 2009 An ad-hoc committee formed under the rules of the International Centre for Settlement of Investment Disputes (ICSID) has ordered Argentina to put up […]

ITN  |  March 5, 2009

Letter to the Editor: ICSID elects new Secretary-General

4 March 2009 Dear Sir, The lead article in the March 2009 issue of ITN regarding the election of Ms. Kinnear as ICSID Secretary-General is couched in unfortunate prose.  The […]

ITN  |  March 3, 2009

Meg Kinnear elected as Secretary-General of ICSID

By Damon Vis-Dunbar  3 March 2009 A Canadian national has been elected as the new Secretary-General of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the high-profile […]

ITN  |  January 16, 2009

Continental Casualty Company moves to annul award favourable to Argentina

By Damon Vis-Dunbar 16 January 2009 The Illinois-based Continental Casualty Company has moved to annul an ICSID award that was largely in favour of the Republic of Argentina. In a […]

ITN  |  January 9, 2009

Tribunal pierces the corporate veil in jurisdictional decision involving Argentina

By Damon Vis-Dunbar 9 January 2009 Two out of three members of an ICSID tribunal have declined jurisdiction in a claim brought by TSA Spectrum de Argentina S.A. (TSA) against […]

Awards  |  January 5, 2009

German firm fails to pass jurisdictional hurdle in claim against Argentina; decision provokes questions about the scope and applicability of MFN Protection

By Elizabeth Whitsitt 5 January 2009 An ICSID tribunal has declined jurisdiction in a claim brought by a German firm against the government of Argentina, in a decision that marks […]

ITN  |  December 23, 2008

Argentina takes the offensive as Siemens pleads guilty to corruption charges

By Damon Vis-Dunbar 23 December 2008 Argentina has refused calls by Siemens to suspend proceedings at the International Centre for the Settlement of Investment Disputes (ICSID) in which a committee […]

ITN  |  December 15, 2008

Se Debaten Méritos de Arbitraje entre Inversor-Estado en Seminario de Arbitraje Internacional auspiciado por Fiscal General ecuatoriano

Por Fernando Cabrera Díaz 9 de Diciembre, 2008 El 1-2 de diciembre Noticias sobre Tratados de Inversión asistió a un seminario de dos días sobre arbitraje internacional en Quito, Ecuador, […]

Investment Arbitration in Brazil: Yes or No?

By Elizabeth Whitsitt and Damon Vis-Dunbar30 November 2008 In 1991, Brazil began one of the world’s largest privatization programs, selling more than US$100 billion worth of assets. Seventeen years later […]

Awards  |  November 28, 2008

Algeria prevails in dispute with Italian construction firms

By Suzy H. Nikiéma 28 November 2008 In a 12 November 2008 final award, an ICSID tribunal has dismissed all claims by two Italian investors, L.E.S.I S.p.A. and ASTALI S.p.A, […]

Awards  |  November 17, 2008

Belgium dredging companies fail in arbitration against Egypt

By Damon Vis-Dunbar 17 November 2008 The Egyptian government has deflected a US$ 80 million dollar claim by two companies hired to dredge the Suez Canal. Jan de Nul N.V. […]

ITN  |  October 29, 2008

Canadian investors sue Costa Rica alleging failure to protect their farm

By Fernando Cabrera Diaz and Damon Vis-Dunbar 29 October 2008 A tribunal has been constituted in an arbitration that pits a group of Canadian investors against the government of Costa […]

Awards  |  September 30, 2008

Plama Consortium Limited v. Republic of Bulgaria: Honesty is the best policy

By Elizabeth Whitsitt 30 September 2008 In a 27 August 2008 decision, a tribunal has concluded that Plama Consortium Limited (PCL), a Cyprus firm, was not entitled to protections afforded […]

Awards  |  September 22, 2008

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. the Republic of Ecuador: US oil company passes jurisdictional hurdle in arbitration with Ecuador

By Damon Vis-Dunbar 22 September 2008 A tribunal has accepted jurisdiction in a dispute that pits two petroleum companies against the Government of Ecuador, allowing the case to proceed to […]

ITN  |  August 29, 2008

Ecuador threatens cancellation of oil contracts unless ICSID nixed as arbitration forum

By Fernando Cabrera Diaz 29 August, 2008 The Ecuadorian government will consider contracts with oil companies terminated unless they remove the International Centre for Settlement of Investment Dispute (ICSID) as […]