ITN

ITN  |  noviembre 1, 2009

ALBA moves forward with plan to create regional investment arbitration alternative to ICSID at 7th Summit

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 […]

ITN  |  noviembre 1, 2009

F-W Oil Interests Inc. v. Republic of Trinidad & Tobago: A «Relatively Mundane Dispute» after all?

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 […]

ITN  |  noviembre 1, 2009

ICSID Tribunal Confirms that Allegations of Corruption Must Be Substantiated by «Clear and Convincing Evidence»

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 […]

ITN  |  octubre 10, 2009

An ICSID Tribunal Introduces Innovative Steps Into Non-Disputing Party Procedure

  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

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; […]

ITN  |  octubre 1, 2009

Advisory committee submits report on the United States model bilateral investment treaty

By Damon Vis-Dunbar 2 October 2009 An advisory committee to the U.S. Department of State and the Office of the United States Trade Representative has issued its report on the […]

ITN  |  octubre 1, 2009

Chevron launches investment-treaty claim against Ecuador

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 […]

ITN  |  octubre 1, 2009

In Brief: Telefonica and Argentina settle dispute

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 […]

ITN  |  septiembre 30, 2009

Claim by Turkish investor against Pakistan over highway project dismissed on the merits

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 […]

ITN  |  septiembre 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  |  septiembre 28, 2009

Oral arguments held in ICJ dispute over pulp mills on the River Uruguay

By Fernando Cabrera Diaz 2 October 2009 Oral arguments have been held at the International Court of Justice (ICJ) in the dispute between Argentina and Uruguay over the latter’s authorization […]

ITN  |  septiembre 28, 2009

Advocate General renders opinion on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision

  By Damon Vis-Dunbar 2 October 2009 Correction: The original version of this article indicated that the ECJ had rendered a decision in the case Finland. In fact, an Advocate […]

ITN  |  septiembre 28, 2009

Oral hearings held in NAFTA arbitration over Canadian pesticide ban

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 […]

ITN  |  septiembre 28, 2009

Ad Hoc Committee confirms Argentina is on the hook to Azurix for US$165 Million

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

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 […]

ITN  |  septiembre 2, 2009

Commentary: Pantechniki v. Albania decision offers pragmatic approach to interpreting fork-in-the-road clauses

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 […]

ITN  |  septiembre 1, 2009

United States Trade Representative and State Department hold Public Hearing and Solicit Written Comments in US Model BIT Review

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 […]

ITN  |  agosto 31, 2009

Recently Published: Rethinking Foreign Investment for Sustainable Development: Lessons from Latin America

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, […]

ITN  |  agosto 31, 2009

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 […]

ITN  |  agosto 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  |  agosto 31, 2009

Claim by Corn Products International results in a sour result for Mexico and its sweetener industry

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 […]

ITN  |  agosto 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  |  agosto 28, 2009

Ecuador prepares for life after ICSID, while debate continues over effect of its exit from the Centre

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

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 […]

ITN  |  julio 15, 2009

Greenpeace pressures German government for transparency in Vattenfall dispute

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 […]

ITN  |  julio 15, 2009

South African trade department critical of approach taken to BIT-making

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 […]

ITN  |  julio 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  |  julio 14, 2009

Glamis Gold Ltd. v. United States of America: Tribunal sets a high bar for establishing breach of “Fair and Equitable Treatment” under NAFTA

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 […]

ITN  |  julio 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  |  julio 13, 2009

Venezuela consents to arbitration in new BIT with Russia

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 […]

ITN  |  julio 11, 2009

Vattenfall request for arbitration

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 […]

ITN  |  julio 10, 2009

Vattenfall request for arbitration sheds new light on dispute with Germany

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 […]

ITN June 2009

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 […]

ITN  |  junio 8, 2009

Norway shelves its draft model bilateral investment treaty

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, […]

ITN  |  junio 8, 2009

Waguih Elie George Siag and Clorinda Vecchi v. Arab Republic of Egypt: A Question of Nationality?

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 […]

ITN  |  junio 5, 2009

US forestry company and Canada dispute British Columbia logging regulations

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 […]

ITN  |  junio 5, 2009

Recently Published: A Thirst For Distant Lands: foreign investment in agricultural land and water

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 […]

ITN  |  junio 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  |  junio 5, 2009

NGOs claim the Philippine-Japan free trade agreement is unconstitutional

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) […]

ITN  |  junio 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  |  junio 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 […]

ITN  |  junio 5, 2009

United States reviews its model bilateral investment treaty

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 […]

ITN  |  mayo 11, 2009

Tribunal rechaza Alegato de Contramedidas en laudo recientemente publicado en el caso Corn Products International Inc. c. Los Estados Unidos Mexicanos

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 […]

ITN  |  mayo 11, 2009

Grupo de transportistas mexicanos lanza diferencia contra EUA bajo el Capítulo 11 del TLCAN sobre prohibición de transporte terrestre

Por Fernando Cabrera Diaz 28 de Abril, 2009 El grupo industrial de transportistas mexicanos, CANACAR, ha iniciado un arbitraje bajo el Capítulo 11 contra Estados Unidos, alegando que EUA violó […]

ITN  |  mayo 11, 2009

¿Derribando el TLCAN?

Por Howard Mann, Asesor Senior en Derecho Internacional del Instituto Internacional de Desarrollo Sostenible 2 de Mayo 2009 El 31 de marzo de 2009 Dow AgroSciences LLC, subsidiaria de la […]

ITN May 2009

ITN May 2009 In this issue: Malaysian Historical Salvors jurisdictional award annulled; Tribunal disqualifies claim by Phoenix Action against the Czech Republic; Tribunal rejects countermeasures defense in recently published Corn […]