CIADI

ITN  |  abril 7, 2010

Bolivia ordered to suspend criminal proceedings in its ongoing dispute with Chilean chemical firm Quiborax

By Elizabeth Whitsitt April 8, 2010 An ICSID tribunal has granted provisional measures in a dispute between co-claimants Quiborax, Non Metallic Metals (NMM) and Allan Fosk Kalún and respondent state, Bolivia.  On February 26, 2010 a three-member panel ordered the central South American state to suspend criminal proceedings against several persons involved in Quiborax’s Bolivian […]

ITN  |  marzo 10, 2010

ICSID tribunal applies ad hoc approach to confidentiality in arbitral proceeding

By Ugo Ukpabi* March 11, 2010 In Giovanna A Beccara and Others v. The Argentine Republic a tribunal composed of Pierre Tercier, Georges Abi – Saab, and Albert Jan Van den Berg has decided that questions of confidentiality and transparency in ICSID arbitrations should be determined on a case by case basis. The dispute – […]

ITN  |  marzo 10, 2010

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 initiated by an American investor against the Republic of Egypt in relation to the alleged expropriation of its investment in the Arab Republic’s hotel and […]

ITN  |  marzo 10, 2010

In Brief: Proceedings are suspended in dispute between French oil company and Ecuador

By Elizabeth Whitsitt March 11, 2010 Thomas Bingham, President of the ICSID tribunal in Perenco Ecuador Limited v. Ecuador has resigned. At the center of the dispute between Perenco and Ecuador is a windfall tax enacted in 2006 (Law 42) by the South American Republic.  According to Ecuador, Perenco owes some US$327 million under Law […]

ITN  |  marzo 10, 2010

In Memorium: Sir Ian Brownlie Q.C. (1932 – 2010)

By Elizabeth Whitsitt March 11, 2010 A prominent figure in the field of public international law passed unexpectedly on January 3, 2010 at age 77.  According to reports, Professor Brownlie died in a car accident while vacationing with his family in Egypt. The untimely death of Sir Ian Brownlie some two months ago has undoubtedly […]

ITN  |  febrero 10, 2010

ICSID finds that corruption has no place in annulment proceedings

By Elizabeth Whitsitt February 14, 2010 American businessman, Jack J. Grynberg, has suffered another setback in his company’s ongoing dispute with Grenada. Commenced in 2005, the ICSID claim was one of a myriad of legal avenues pursued by Mr. Grynberg, the president and CEO of RSM Production Corporation (RSM), in an effort to gain an […]

ITN  |  febrero 10, 2010

Consortium building new Quito Airport takes Ecuador to ICSID

By Fernando Cabrera Diaz February 14, 2010 Corporacion Quiport S.A., the company building the new Quito international airport, has initiated arbitration proceedings at ICSID against the Republic of Ecuador in connection with its concession to maintain and operate the existing Quito airport and to construct and operate the New Quito International Airport (NQIA) being built […]

ITN  |  febrero 10, 2010

ICSID tribunal affirms power to exclude counsel, but declines to do so

By Elizabeth Whitsitt February 14, 2010 An ICSID tribunal, composed Sir Franklin Berman, Mr. Donald Donovan and Mr. Marc Lalonde, has determined that Mr. Barton Legum, a partner with Salans & Associés, can continue to represent Dutch firm Rompetrol N.V. in its arbitration against Romania.  Mr. Legum formally took over as counsel for Rompetrol in […]

ITN  |  enero 12, 2010

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 to the tribunal’s third member, Mr. Robert B. von Mehren.  In a decision only recently made public, the two-man tribunal confirms that proposals to disqualify […]

ITN  |  diciembre 4, 2009

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, L.C. (MCI) and New Turbine, Inc. (New Turbine).  The companies’ bid for annulment came after an ICSID tribunal dismissed part of the companies’ case against […]

ITN  |  diciembre 4, 2009

German investor launches ICSID case against Costa Rica over alleged expropriation of land near endangered turtle habitat

By Fernando Cabrera Diaz December 6, 2009 (Note: a correction has been made to this article.  An explanation is posted below) German investor Reinhard Unglaube, a resident of Costa Rica, has commenced arbitration against his host country over the latter’s refusal to grant the appropriate permits to extend his eco-tourist hotel complex in Playa Grande, […]

ITN  |  diciembre 4, 2009

Continental Casualty and Argentina will continue to battle over financial investments

By Elizabeth Whitsitt December 6, 2009 On October 23, 2009 an ad hoc committee, composed of Gavan Griffith Q.C., Judge Bloa A. Ajibola and Mr. Christer Söderlund, ruled that it will hear the annulment applications of the Argentine Republic and Continental Casualty Company.  According to the ad hoc committee those proceedings will take place without […]

ITN  |  diciembre 4, 2009

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 expropriation of its Brisas gold and copper mine in the Bolivar State of Venezuela. Less than a week after the company filed for arbitration on […]

ITN  |  diciembre 4, 2009

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 of South Africa requested the discontinuance of ICSID arbitral proceedings that have been ongoing since the beginning of 2007. The request comes approximately one month […]

ITN  |  noviembre 2, 2009

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 instrument of ratification with the World Bank on October 27, 2009, making it the 145th state to ratify the ICSID Convention.  In accordance with its […]

ITN  |  noviembre 1, 2009

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 tribunal (the “Tribunal”) has accepted two petitions for participation by Non-Disputing Parties (“NDPs”) and imposed innovative procedural steps regarding document disclosure and participant feedback. In […]

ITN  |  noviembre 1, 2009

Cementownia claim against Turkey found to be “manifestly ill-founded”

By Elizabeth Whitsitt November 3, 2009 On September 17, 2009 an ICSID tribunal dismissed yet another claim initiated against the Republic of Turkey by an entity, Cementownia “Nowa Huta” S.A. (“Cementownia”), operated by the Uzan family.  As previously reported*, the Uzans are a wealthy Turkish family whose members have been enmeshed in multiple disputes around […]

ITN  |  noviembre 1, 2009

Quiborax claim against Bolivia continues; may provide first decision on effects of ICSID exit

By Fernando Cabrera November 3, 2009 Chilean Química e Industrial del Bórax Ltd. (“Quiborax”) will continue with its claim against Bolivia at the International Centre for Settlement of Investment Dispute (“ICSID”), despite reports of a settlement agreement and Bolivia’s renunciation of the ICSID convention. The case will likely shed the first light as to the […]

ITN  |  noviembre 1, 2009

Confusion about Settlement Agreement leads to Dismissal of Case Between Dutch Companies and Azerbaijan

By Elizabeth Whitsitt November 3, 2009 After a disagreement regarding the existence of a settlement agreement, an ICSID tribunal has determined that it has no jurisdiction to hear a dispute initiated by three Dutch companies, Azpetrol International Holdings B.V., Azpetrol Group B.V. and Azpetrol Oil Services Group B.V. against the Republic of Azerbaijan. The Dutch […]

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 centre intended to replace the often criticized International Centre for Settlement of Investment Disputes (“ICSID”). The final declaration of the 7th ALBA Summit, which took […]

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 corruption against a state will not be taken lightly.  In dismissing all claims by EDF (Services) Limited (“EDF”) against Romania, the tribunal’s decision affirms that […]

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 ICSID tribunal (the “Tribunal”) has accepted two petitions for participation by Non-Disputing Parties (“NDPs”) and imposed unprecedented procedural steps regarding document disclosure and participant feedback.  […]

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 since October 2006, as the parties worked towards a settlement agreement. Telefonica initiated its claim in 2002, alleging breaches of the Spanish-Argentina Bilateral Investment Treaty. […]

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 conspire in bad faith to expel the investor. The Claimant, Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. was contracted to build a six-lane motorway between […]

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 consolidate similar cases involving its sugar trade, such efforts have been unsuccessful resulting in a number of separate arbitral decisions. Most recently, a tribunal convened […]

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 committee denied Argentina’s application to annul an ICSID tribunal’s previous decision awarding Azurix approximately US$165 Million for breach of Argentina’s obligations under the US-Argentina Bilateral […]

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 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 […]

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. The Claimant, Pantechniki S.A. Contractors & Engineers, sought to recoup losses sustained during the wide-spread civil strife that shook Albania in 1997 when some two-thirds […]

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), calling the World Bank’s arbitration facility an atrocity and claiming that his government was working on a regional alternative involving the South American Union (UNASUR). […]

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 French oil company Perenco. Nonetheless, the state-owned Petroecuador attempted a week later to auction 1.4 million barrels of oil confiscated from Perenco, although no bidders […]

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 land-reform program. The victory is expected to lead other European nationals who lost farms in Zimbabwe to seek compensation under bilateral investment treaties. The thirteen […]

ITN  |  abril 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 conclusions on whether a foreign investment must contribute to the economic development of the host state in order to fall within the ambit of ICSID […]

ITN  |  abril 20, 2009

Tribunal disqualifies "abusive" claim by Phoenix Action against the Czech Republic

By Damon Vis-Dunbar 20 April 2009 A three-member tribunal has disqualified a claim by the Israeli-based Phoenix Action LTD, concluding that its purchase of two Czech companies was solely a pretext for exploiting the Israel-Czech Republic bilateral investment treaty. The jurisdictional award rendered on 15 April 2009 charges Phoenix Action with “an abuse of the […]

ITN  |  abril 3, 2009

Deutsche Bank targets Sri Lanka with a BIT claim connected to a hedging contract

By Damon Vis-Dunbar 3 April 2009 A dispute related to oil derivatives entered into by Sri Lanka’s state-run petroleum utility has led at least one foreign bank to file arbitration proceedings against the Government of Sri Lanka. The state-run Ceylon Petroleum Corporation (CPC) entered into hedging contracts with a number of foreign and local banks […]

ITN  |  abril 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 granite-quarrying sector and the Government of South Africa have agreed to suspend arbitration proceedings* for two months. The claimants—several Italians and a Luxembourg corporation—allege that […]

ITN  |  marzo 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 had been seeking some US$124 million for alleged violations of the US-Argentina bilateral investment treaty, in one of the many disputes that arose with foreign […]

ITN  |  marzo 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, la sede de alto perfil que atiende arbitrajes entre inversor-estado. Meg Kinnear, quien ha trabajado como abogada para el Gobierno canadiense desde 1984, dejará su […]

ICSID tribunal dismisses RSM Production Corporation’s claim against Grenada

By Damon Vis-Dunbar 26 March 2009 An American businessman has failed in his claim against Grenada under a 1996 oil and gas agreement, in a contract dispute conducted before an ICSID tribunal. Initiated in 2005, the ICSID claim was one of a host of legal avenues pursued by Jack J. Grynberg, the president and CEO […]