ITN trimestriel

February 2010 ITN

ITN February 2010 In this issue: Tribunal’s decision in anticipated Yukos case released to public; ICSID finds that corruption has no place in annulment proceedings; Consortium building new Quito airport takes Ecuador to ICSID; Claimant seeks enformcement of environmental laws in notice of dispute alleging expropriation of Barbadian nature sanctuary; Perenco-nominated arbitrator disqualified for interview […]

January 2010 ITN

ITN January 2010 In this issue: UNCITRAL Tribunal determines that wheat supply contracts are not « investments » under Swiss-Uzbekistan BIT; Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina; ICSID Tribunal sides with Chile, rejects claimant’s partial revision request in long running dispute over El Clarin newspaper; Cemex […]

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 endangered turtle habitat; Arbitrator forced to choose in NAFTA dispute over thwarted Canadian garbage site; Continental Casualty and Argentina will continue to battle over financial […]

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 & Tobago: A « Relatively Mundane Dispute » after all?; ALBA moves forward with plan to create regional investment arbitration alternative to ICSID at 7th Summit; Confusion about […]

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; European Court of Justice renders judgment on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision; Claim by Cargill leads to […]

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 ICSID, while debate continues over effect of its exit from the Centre; United States Trade Representative and State Department hold Public Hearing and Solicit Written […]

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 African trade department critical of approach taken to BIT-making; arbitrators clash on question of interpretation in Hrvatska Electroprivreda d.d. v. The Republic of Slovenia; Greenpeace […]

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 ICSID; Suspension extended in Piero Foresti, Laura de Carli and others v. Republic of South Africa; NGOs claim the Philippine-Japan free trade agreement is unconstitutional; […]

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 Products International Inc. v. the United Mexican States award; Mexican truckers group launches NAFTA Chapter 11 dispute against the U.S. over trucking ban; Tribunal orders […]

ITN Newsletter April 2009

ITN April 2009 In this issue: ICSID tribunal dismisses RSM Production Corporation’s claim against Grenada; CIT Group settles with Argentina; An interview with the former Attorney General of Pakistan, Makhdoom Ali Khan; European miners and South Africa suspend proceedings; Argentina ordered to place US$75 million in escrow pending annulment decision on Sempra award; Deutsche Bank […]

ITN Newsletter March 2009

ITN March 2009 In this issue: Meg Kinnear elected as Secretary-General of ICSID; Tribunal rebuffs defense of necessity in recently published award: National Grid p.l.c. v. Argentine Republic; EU Member States reject the call to terminate intra-EU bilateral investment treaties; Canadian First Nations Chief intervenes in NAFTA Chapter 11 tobacco dispute; ICSID registers claim by […]

ITN Newsletter February 2009

ITN February 2009 In this issue: Tribunal pierces the corporate veil in jurisdictional decision involving Argentina; Canadian pharmaceutical company alleges denial of justice in claim against the United States; Tribunal refuses to clarify decision on jurisdiction in Railroad Development Corporation v. Republic of Guatemala; The United Kingdom tight-lipped over dispute with an Indian investor; Continental […]

ITN Newsletter January 2009

ITN January 2009 In this issue: German firm fails to pass jurisdictional hurdle in claim against Argentina; decision provokes questions about the scope and applicability of MFN Protection; Argentina takes the offensive as Siemens admits to corruption; Peru wins dispute with American energy firm over the scope of a stabilization agreement; El Salvador warned of […]

ITN Newsletter December 2008

ITN December 2008 In this issue: Investment Arbitration in Brazil: Yes or No?; Indian lawyer pursues claim against the United Kingdom under the India-UK BIT; Guatemala’s objection to jurisdiction dismissed in DR-CAFTA arbitration; Algeria prevails in dispute with Italian construction firms; Belgium dredging companies fail in arbitration against Egypt; Argentina moves to expropriate airline under […]

ITN Newsletter November 2008

ITN November 2008 In this issue: Société Générale v. Dominican Republic arbitration proceeds to merits stage following decision on jurisdiction; Controversy erupts over press release in Société Générale v. Dominican Republic arbitration; Chemical company warns Canada of a potential lawsuit over pesticide ban; Czech Republic fails to overturn partial liability award before Paris Court of […]

ITN Newsletter October 2008

ITN October 2008 In this issue: Plama Consortium Limited v. Republic of Bulgaria: Honesty is the best policy; US oil company passes jurisdictional hurdle in arbitration with Ecuador; Canada faces a potential lawsuit as a US investor complains of expropriation of investments in health-care facilities; Canadian lumber company fails to vacate NAFTA Chapter 11 award […]

ITN Newsletter 1 September 2008

In this issue: Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru: Foreign investors in Peru are guaranteed tax stability; Duke Energy Electroquil Partners and Electroquil SA v Ecuador: Ecuador found liable for breaches of power purchase agreements and investment treaty; Trans-Global Petroleum Inc. v. Hashemite Kingdom of Jordan: First Application of […]

ITN Newsletter, September 1, 2008

ITN September 2008 In this issue: Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru: Foreign investors in Peru are guaranteed tax stability; Duke Energy Electroquil Partners and Electroquil SA v Ecuador: Ecuador found liable for breaches of power purchase agreements and investment treaty; Trans-Global Petroleum Inc. v. Hashemite Kingdom of Jordan: […]

April 2008 ITN

ITN April 1, 2008 In this issue: Secret $185 Million award against Argentina comes to light in D.C. Court; ANALYSIS: Decrying past « contradictory » rulings, Argentina challenges arbitrator; Argentina settles several claims, others subject to negotiation or arbitration; Namibian court reverses expropriation of foreign-owned farms; IISD urges UNCITRAL member-states to support transparency; New and notable publications […]

ITN March 2008

ITN March 27, 2008 In this issue: Norway proposes significant reforms to its investment treaty practices; ANALYSIS: transparent investment arbitrations favoured in Norway draft BIT; ANALYSIS: Norway draft BIT has many innovations with respect to protection; Canada says China BIT will have minimal impact on Canada’s environment; Investors in South Africa mining arbitration to file […]

ITN February 2008

ITN February 21, 2008 In this issue: Yemen found to have breached BIT in dispute with Omani construction company; Blocked eco-tourism project in Costa Rica parkland leads to BIT arbitration; Tribunal appointed to hear NAFTA claim over thwarted garbage site in Canada; Tribunal selected in German firm’s arbitration over Ghanaian cocoa processor; US investor threatens […]

ITN January 2008

ITN January 17, 2008 In this issue: ICSID annulment committee will not require Argentina to post bond in Azurix case; Czech Republic quietly pursues challenge to jurisdictional ruling in Prague court; BIT claim against Thailand clears initial jurisdictional hurdles; Austrian cement company’s BIT arbitration with Bosnia is settled; Campaigners deliver letter to ICSID over Euro […]

December 2007

ITN December 14, 2007 In this issue: ITN Year in Review for 2006 finds non-ICSID treaty arbitrations eclipse ICSID cases; US investors prevail in High Fructose Corn Syrup dispute with Mexico; ICSID rejects US challenge to arbitrator in Grand River NAFTA case; UK court declines to overturn jurisdiction in Czech TV broadcasting arbitration; Fraport to […]

November 2007

ITN November 30, 2007 In this issue: More details emerge of miner’s case against South Africa; EU envoy says Malaysian race-based affirmative action policies hindering trade talks; Argentina fails in bid to have arbitrator removed from water services arbitrations; Ecuador wants ICSID to stop presiding over mining and energy arbitrations; SGS v. Philippines case at […]

October 2007

ITN October 30, 2007 In this issue: Hearings on the merits commence in Zimbabwe arbitration with Dutch farmers; Argentina and UK firm send arbitrator-challenge to venue where reasons are provided; Czech Gov’t seeks to annul jurisdiction ruling in UNCITRAL broadcasting dispute; Vivendi-Poland UNCITRAL arbitration goes forward quietly as tribunal is constituted; European treaty may revive […]

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 […]

ITN August 2007

ITN August 30, 2007 In this issue: Argentina liable for $100+ Million after expropriating Vivendi water concession; Divided ICSID panel declines jurisdiction over Philippines airport terminal case; Majority declines jurisdiction over Spanish investor’s fishing claim against Chile; Greek construction company takes Albania to ICSID over Pyramids’ crisis; Failed hotel deal in the Ukraine leads to […]

ITN July 2007

ITN July 31, 2007 In this issue: Argentina ordered to pay $57.4 Million to US-based LG&E for BIT breaches; Hearings in Glamis v. USA arbitration slated for August 12-17 and open to the public; Tribunal rejects demand by Argentine court to suspend ongoing arbitration; Canadian Supreme Court declines to hear challenge to NAFTA Chapter 11; […]

ITN June 2007

ITN June 30, 2007 In this issue: Underwater salvaging firm fails « investment » test in ICSID case against Malaysia; Recently published UPS v. Canada decisions reveal arbitrator divergences over NT; UPS arbitrators differ on reading of cultural industries exclusion in NAFTA; EU members review intra-European BITs in light of potential overlap with EU Law. ITN June […]

ITN May 2007

ITN May 27, 2007 In this issue: Enron wins $106 Million (US) in financial crisis claim against Argentina; Tribunal splits on nationality arguments in Egypt resort property seizure case; Canadian softwood lumber firm files for NAFTA Chapter 11 arbitration against US; US investor files formal arbitration against Canada over thwarted garbage disposal site; French firm […]

ITN April 2007

ITN April 27, 2007 In this issue: Spanish financial investors initiate arbitration against Russia over Yukos; Czech Rep and Hungary opposed to Canada’s investor-state transparency demands; New BIT arbitration launched against Czech Republic over bank failure; Jurisdictional decision expected this year in ICJ dispute between Guinea and DRC; Second group of Italian bondholders sue Argentina […]

ITN March 2007

ITN March 27, 2007 In this issue: NGOs submit legal brief in Biwater v. Tanzania arbitration; Ad-Hoc Committee declines to annul « extreme » reasoning in award against Chile; ICSID Jurisdiction affirmed as Italian firm accuses Bangladesh of frustrating ICC case; BIT claim against Vietnam settled on confidential terms; Briefing paper analyzes intellectual property provisions in investment […]

ITN February 2007

ITN February 19, 2007 In this issue: Argentina liable for $217 Million in investment treaty arbitration with Siemens; Analysis: Argentina liable for multiple treaty breaches in Siemens case; Analysis: Tribunal rejects bid for reduced compensation on social policy grounds. ITN February 14, 2007 In this issue: Clarification RE: Petrobart v Kyrgyzstan Energy Charter Treaty case; […]

ITN January 2007

ITN January 17, 2007 In this issue: Challenge to Arbitrator Schwebel rejected by Belgian court, Poland seeks appeal; Analysis: Arbitrator challenges raising tough questions as to who resolves BIT cases; ICSID Tribunal rejects Egypt’s objections to jurisdiction in Shepheard Hotel dispute; Stockholm Arbitration Institute issues revised arbitration rules; Dutch consulting firm K+ VP and the […]

ITN December 2006

ITN December 19, 2006 In this issue: Tribunal declines jurisdiction over fraudulently made investment in El Salvador; Greek investor sues over mining operation in first known BIT case against Serbia; US makes last-minute filing in arbitration between Texan farmers and Mexico; Tribunal still deliberating in NAFTA dispute brought by UPS against Canada; New book on […]

ITN November 2006

ITN November 24, 2006 In this issue: ICSID award against Democratic Republic of Congo annulled; ICSID arbitration over Zimbabwe land reform moving forward; International Court of Justice to hear rare diplomatic protection case; Tribunal constituted in UNCITRAL BIT case between Mittal Steel and Czech Rep; Austrian investors eye arbitration with Slovakia over failed airport deal. […]

ITN October 2006

ITN October 19, 2006 In this issue: ICSID Tribunal issues ruling on confidentiality in Tanzanian water concession dispute; Challenge to Eureko award and challenge to arbitrator both pending in Belgian courts; Bolivia tables new contracts to energy firms as deadline for « migration » looms; Argentina asks ICSID for the removal of lead arbitrator in Asset Recovery […]

ITN September 2006

ITN September 20, 2006 In this issue: Clarification as to Possible Revision of UNCITRAL Arbitration Rules; Hungary prevails in ICSID arbitration with Norwegian telecoms firm; Argentina permitted to challenge ICSID award without posting security; Italian holders of Argentine bonds mount $3.6 Billion claim at ICSID; ICSID tribunal affirms jurisdiction over Chilean investors’ dispute with Argentina; […]

ITN August 2006

ITN August 23, 2006 In this issue: Russia prevails in Stockholm arbitration with Belgian construction firm owners; Tribunal affirms jurisdiction and treaty-shopping in Buenos Aires water dispute; Tribunal affirms jurisdiction and treaty shopping in Argentine electricity case; French investor criticizes governments’ handling of Cambodian dispute; South African opposition complains about delay in signing SA-Zimbabwe BIT; […]

ITN July 2006

ITN July 26, 2006 In this issue: Azurix wins claim against Argentina, recoups a portion of its sunk costs; Analysis: tribunal finds several treaty breaches in Argentine treatment of water firm; British mining company serves notice of arbitration on Kyrgyzstan as dispute heats up; Chevron warns Ecuador on BIT claim as contract and environmental disputes […]

ITN June 2006

ITN June 15, 2006 In this issue: Jurisdiction upheld in El Paso v. Argentina, as thorny interpretive issues explored; Analysis: Tribunal stirs up storm with ‘umbrella’ clause ruling; Tribunal allows NAFTA investment arbitration in softwood case to proceed in part; Tembec trying to overturn softwood consolidation order in US courts; First hearings held in Uruguay-Argentina […]

ITN May 2006

ITN May 31, 2006 In this issue: Belgian court to hear Poland’s challenge to arbitrator Schwebel in Eureko case; Tribunal upholds jurisdiction in Suez’s Santa Fe water dispute with Argentina; Czech hospital bill passes as President warns of investment treaty lawsuits; Germany seeks revisions and addition of investor-state arbitration to Pakistan BIT; German Farmers challenge […]

ITN April 2006

ITN April 27, 2006 In this issue: Tribunal rules on NGO’s bid to intervene in second Argentine water dispute; Analysis: « Non-Parties » waking up to investment treaty arbitration; Prominent arbitrator’s impartiality questioned in two sports anti-doping arbitrations; US car maker to sue Romania, latest in a string of arbitrations involving Romania; Latvian firm sues Ukraine in […]

ITN March 2006

ITN March 14, 2006 In this issue: Saluka Investments claims partial victory against the Czech Republic; ANALYSIS: Tribunal distinguishes regulation from expropriation in latest Czech case; ICSID Member-Governments OK watered-down changes to arbitration process; US oil firm loses BIT claim against Trinidad & Tobago; Italians drop human rights claim against Georgia, initiate investment treaty claim; […]

ITN February 2006

ITN February 17, 2006 In this issue: Russian investor pursues multiple treaty arbitrations against Moldova in Stockholm; Dutch investor sues over contract lost amidst Czech corruption scandal; ICSID tribunal rejects Italian construction firm’s BIT claim against Jordan; Argentina in settlement talks over several BIT arbitrations; China pursues new-style BIT commitments with Germany, replaces 1980s BIT.

ITN January 2006

ITN January 31, 2006 In this issue: Polish Finance Ministry not talking about BIT arbitration at ICC; Parties continue to await ICSID ruling on challenge to tribunal in Pey v. Chile case; Contrary to press rumours, foreign energy firms still on arbitration stand-by in Bolivia; Korea loosens local movie screening quota in order to open […]

ITN December 2005

ITN December 20, 2005 In this issue: Tribunal split in Bechtel-Bolivia case over corporate nationality of investor. ITN December 14, 2005 In this issue: World Bank President will rule on Chile’s effort to disqualify tribunal in ICSID case; Lebanon tenders settlement to France Tel after failing to overturn BIT award; Nomura and Czech Republic await […]

ITN November 2005

ITN November 21, 2005 In this issue: Czech Republic pursues shake-up of its bilateral investment treaties; United States and Uruguay ink revised BIT, opposition to treaty remains; U.S.-Thai FTA talks stall on investment chapter; Americas no closer to a hemisphere-wide investment agreement; Canada looks at environmental impact of investment pacts with China, India, Korea; Methanex […]

ITN October 2005

ITN October 26, 2005 In this issue: Re-branding this newsletter; Correction: Glamis Gold and mining permits; Romania prevails in BIT arbitration with US investors over privatized steelworks; Argentina moves to annul award in dispute with CMS Company over financial crisis; Belize dodges water suit with UK firm, but arbitration still an option in Tanzania; Euro […]

ITN September 2005

ITN September 15, 2005 In this issue: Investors in Romanian oil firm warn Romania of potential arbitration; Czech Republic says it prevailed in Swedish Court over GSM cell phone arbitration; Dutch-based steel firm threatens investment treaty claim against Czech Republic; Cargill is fourth company to arbitrate against Mexico over sweetener tax; Egypt-US free trade pact […]