ITN
American gas services firm Exterran files for arbitration against Venezuela over nationalized assets
By Fernando Cabrera Diaz May 11, 2010 (NOTE: A correction has been made to this article. An explanation is posted below) Houston-based Exterran Holdings has taken Venezuela to ICSID over […]
Ad hoc committee confirms that Kazakhstan is on the hook for US$ 125 million
By Elizabeth Whitsitt April 8, 2010 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of the Republic of Kazakhstan. The former Soviet […]
April 2010 ITN
April 2010 In this issue: Tribunal finds Ecuador in breach of BIT for its judiciary’s slow handling of Texaco lawsuits; Tribunal hears additional challenges to its jurisdiction in Railroad Development […]
Cemex v. Venezuela: Provisional Measures allowed in circumstances of necessity and urgency
By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has refused a request for provisional measures by the world’s third largest cement-producer. In its decision dated March 3, 2010, the […]
Oil transport company Tidewater Inc. initiates ICSID arbitration against Venezuela over expropriated assets
By Fernando Cabrera Diaz April 8, 2010 New Orleans-based Tidewater Inc. has initiated arbitration against Venezuela at ICSID over the latter’s alleged take-over of 15 of the company’s vessels in […]
NEWS UPDATE: NY Judge dismisses Ecuador request for stay of Chevron arbitration
By Fernando Cabrera Diaz March 16, 2010 Judge Leonard Sand of the U.S. District Court for the Southern District of New York has granted Chevron’s motion to dismiss Ecuador’s request […]
March 2010 ITN
March 2010 In this issue: ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceedings; A merits hearing takes place in protracted NAFTA dispute over US tobacco settlements; Ecuadoreans […]
Tribunals have been constituted in ICSID cases involving Egypt, Cambodia and Argentina
By Elizabeth Whitsitt March 11, 2010 In the past two months, arbitral tribunals have been convened in a few ICSID arbitrations. Most recently, a tribunal was constituted in a dispute […]
Hearings take place in dispute between Electrabel and Hungary despite snowy weather
By Elizabeth Whitsitt March 11, 2010 Despite snow storm interruptions a tribunal, composed of Mr. V.V. Vedeer, Ms. Gabrielle Kaufmann-Kohler, and Ms. Brigitte Stern, heard the merits of the dispute […]
Perenco-nominated arbitrator disqualified for interview comments in ICSID dispute with Ecuador
By Fernando Cabrera Diaz February 14, 2010 Permanent Court of Arbitration (PCA) Secretary-General Cristiaan M.J. Kroner has accepted the challenge by Ecuador to remove the Honourable Charles N. Brower as […]
UNCITRAL Tribunal determines that wheat supply contracts are not «investments» under Swiss-Uzbekistan BIT
By Elizabeth Whitsitt January 13, 2010 Swiss-based firm Romak S.A. has lost a protracted dispute against the Republic of Uzbekistan regarding alleged non-payment for wheat shipments to the country during […]
Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina
By Elizabeth Whitsitt January 13, 2010 An ad hoc committee composed of Dr. Gavan Griffith Q.C., Judge Patrick L. Robinson, and Judge Per Tresselt has decided to continue to stay […]
ICSID Tribunal sides with Chile, rejects claimant’s partial revision request in long running dispute over El Clarin newspaper
By Fernando Cabrera Diaz January 13, 2010 An ICSID tribunal has rejected a partial revision request by Pey Casado and the Presidente Allende Foundation of an award rendered in their […]
Cemex v. Venezuela: challenges to ICSID arbitrators must be made «promptly»
By Elizabeth Whitsitt January 13, 2010 On November 6, 2009 two members of an ICSID arbitral tribunal – Judge Gilbert Guillaume (President) and Professor Georges Abi-Saab – dismissed Venezuela’s challenge […]
UNCITRAL Claimant Given 30 days to Appoint New Arbitrator in UK-Argentina BIT Dispute
By Elizabeth Whitsitt January 13, 2010 Later this month UK-based firm, ICS Inspection and Control Services Limited (ICS), is expected to appoint another arbitrator in its dispute against the Argentine […]
December 2009 ITN
ITN December 2009 In this issue: Very High Standard of Review for ICSID Annulment Applications Confirmed; German investor launches ICSID case against Costa Rica over alleged expropriation of land near […]
Very High Standard of Review for ICSID Annulment Applications Confirmed
By Elizabeth Whitsitt December 6, 2009 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of two US power companies: M.C.I. Power Group, […]
Arbitrator forced to choose in NAFTA dispute over thwarted Canadian garbage site
By Elizabeth Whitsitt December 6, 2009 Mr. J. Christopher Thomas Q.C. has resigned from his appointment as an arbitrator in a Chapter 11 NAFTA dispute initiated by US investor Vito […]
Canadian mining company Gold Reserve commences ICSID arbitration against Venezuela
By Fernando Cabrera Diaz December 6, 2009 Canadian mining company Gold Reserve has commenced arbitration against Venezuela at the International Centre for Settlement of Investment Disputes (ICSID) over the alleged […]
An End to European mining claims in South Africa?
By Elizabeth Whitsitt December 6, 2009 On November 2, 2009 claimants in the high-profile arbitration involving mining interests owned by Piero Foresti, Laura de Carli and others against the Republic […]
November 2009 ITN
ITN November 2009 In this issue: ICSID Tribunal Confirms that Allegations of Corruption Must Be Substantiated by «Clear and Convincing Evidence»; F-W Oil Interests Inc. v. Republic of Trinidad & […]
In Brief: Haiti Ratifies ICSID Convention
By Elizabeth Whitsitt November 3, 2009 Haiti has ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”). Haiti deposited its […]
Innovative Steps are Introduced Into Non-Disputing Party ICSID Procedure
By Elizabeth Whitsitt November 3, 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 ICSID […]