ITN September 2007

ITN September 28, 2007

In this issue: Umbrella clause reasoning annulled in CMS-Argentina case, remainder upheld; Divided panel declines to annul ICSID award in Peruvian environmental dispute; Lithuania victorious in dispute with Norwegian parking lot business; ANALYSIS: Archaeological and environmental differences distinguish FDI projects; Tribunal chosen in arbitration over South African Black Empowerment policies; Award finally published in NAFTA’s first financial services investor-state arbitration; US Oil Companies signal intention to sue Canada over local content requirements; Governments did not discuss special investor-state rules at UNCITRAL meeting; Looming Exxon arbitration with Venezuela garners extensive media interest.

ITN September 7, 2007

In this issue: Hearings set in Canadian cattle ranchers’ claim against US over mad cow ban; Analysis: Ranchers insist cross-border investment not needed under NAFTA Ch.11; NGOs call for transparency as UNCITRAL governments meet in Vienna; US railway investor’s claim against Guatemala tests CAFTA transparency provisions; Kaliningrad regional government sues Lithuania under Russian BIT; Tribunal constituted in Merrill & Ring v. Canada NAFTA Chapter 11 claim; Repsol threatens Algeria with BIT suit, as contractual proceeding gets under way.