By Elizabeth Whitsitt May 11, 2010 A Notice of Intent forwarded to Canada earlier this year by US owner and operator of the Ambassador Bridge contends that the Canadian government […]
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 […]
By Fernando Cabrera Diaz April 8, 2010 On March 16, the International Centre for Settlement of Investment Disputes (ICSID) registered a second arbitration initiated by Denver-based RSM Production Corp against […]
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 […]
By Fernando Cabrera Diaz April 8, 2010 An international tribunal has found Ecuador in breach of the Ecuador-United States BIT for the failure of its courts to reach a timely […]
By Elizabeth Whitsitt April 8, 2010 The hearing on preliminary objections to jurisdiction in the Railroad Development Corporation (RDC) v. Republic of Guatemala arbitration took place from Monday, March 1, […]
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 […]
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 […]
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, […]
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 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 […]
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 […]
By Elizabeth Whitsitt March 11, 2010 (NOTE: two corrections have been made to this article. See explanations below.) A three-member tribunal, composed of Mr. Fali S. Nariman, Professor S. James Anaya, […]
By Fernando Cabrera Diaz March 11, 2010 Chevron and Ecuadorian citizens are in U.S. court in the latest chapter of a 16 year battle over environmental damage in Lago Agrio […]
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 […]
By Fernando Cabrera Diaz March 11, 2010 Calgary-based mining firm Blackfire Exploration has reportedly threatened Mexican officials in Chiapas with NAFTA Chapter 11 arbitration in response to the closure of […]
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 […]
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 […]
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 […]
By Elizabeth Whitsitt February 14, 2010 Three highly anticipated decisions permitting three claimants – all former shareholders of Yukos Oil Corporation OJSC (Yukos) – to proceed to the merits phase […]
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 […]
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 […]
By Elizabeth Whitsitt February 14, 2010 A notice of dispute forwarded to Barbados some five months ago by Mr. Peter Allard, Canadian owner of the Graeme Hall Nature Sanctuary, contends […]
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 […]
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 […]
By Elizabeth Whitsitt February 14, 2010 TWC Group, Inc. and its affiliate Dominican Energy Holdings L.P have reached a settlement with the Dominican Republic, ending a dispute that began in […]
By Eliabeth Whitsitt February 14, 2010 Canada has nominated Mr. Laurent Lévy to act as arbitrator in its Chapter 11 NAFTA dispute against US investor Vito G. Gallo. Canada’s original […]
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 […]
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 […]
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 […]
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 […]
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 […]
By Elizabeth Whitsitt January 13, 2010 In a split decision, an ICSID tribunal has refused to hear ancillary claims advanced by American company, Itera International Energy LLC (Itera), and its […]
By Fernando Cabrera Diaz January 13, 2010 Spanish firms Abengoa, S.A. and COFIDES, S.A. have launched a claim with ICSID against Mexico over the stalled opening of a toxic […]
By Elizabeth Whitsitt January 13, 2010 In a decision not yet released to the public, it has been reported that former Yukos shareholders may proceed to the merits phase of […]
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 […]
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, […]
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, […]
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 […]
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 […]
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 […]
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 […]
By Elizabeth Whitsitt December 6, 2009 Murmurings that Centragas Beteiligungs Holding AG has accused the Ukraine of violating “an agreement on the Energy Charter” surfaced in mid-November.* According to press […]
By Elizabeth Whitsitt December 6, 2009 International Investments Protection: Comparative Law Analysis of Bilateral and Multilateral Interstate Conventions, Doctrinal Texts and Arbitral Jurisprudence Concerning Foreign Investments, By Jan Schokkaert and […]
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 & […]
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 […]
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 […]
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. […]
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 […]
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 […]