ITN

ITN  |  October 18, 2018

Biwater v. Tanzania

Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania, ICSID Case No. ARB/05/22 Award available at https://www.italaw.com/sites/default/files/case-documents/ita0095.pdf Keywords Amicus curiae, causation, damages, definition of “investment,” expropriation, fair and equitable treatment, jurisdiction, margin of appreciation, multiple/parallel proceedings, necessity, reference to other bodies/principles of law, “Salini” test, transparency Key dates Request for Arbitration: 5 August 2005 Constitution of Tribunal: […]

ITN  |  October 18, 2018

CME v. Czech Republic, Lauder v. Czech Republic

CME Czech Republic B.V. v. Czech Republic, UNCITRAL Ronald S. Lauder v. Czech Republic, UNCITRAL Awards available at https://www.italaw.com/sites/default/files/case-documents/ita0180.pdf (CME), https://www.italaw.com/sites/default/files/case-documents/ita0451.pdf (Lauder) Keywords Abuse of process, actionable measures, arbitrary and discriminatory conduct, broad dispute resolution provision, causation, expropriation, fair and equitable treatment, jurisdiction, multiple/parallel proceedings Key dates Lauder v. Czech Republic Request for Arbitration: 19 August 1999[1] Constitution of Tribunal: 5 […]

ITN  |  October 18, 2018

CMS v. Argentina

CMS Gas Transmission Co. v. Republic of Argentina, ICSID Case No. ARB/01/8 Decisions and award available at https://www.italaw.com/cases/288 Keywords Fair and equitable treatment, jurisdiction, minority shareholders, multiple/parallel proceedings, necessity defence, standard for annulment, umbrella clause Key dates Request for Arbitration: 26 July 2001 Decision on Jurisdiction: 17 July 2003 Award: 12 May 2005 Argentine Republic’s Application for Annulment: […]

ITN  |  October 18, 2018

Continental Casualty v. Argentina

Continental Casualty Co. v. Republic of Argentina, ICSID Case No. ARB/03/9 Decisions and award available at https://www.italaw.com/cases/329 Keywords Expropriation, fair and equitable treatment, legitimate expectations, margin of appreciation, necessity defence, reference to other bodies/principles of law, umbrella clause Key dates Request for Arbitration: 17 July 2003 Decision on Jurisdiction: 22 February 2006 Award: 5 September 2008 Decision on Preliminary Objection […]

ITN  |  October 18, 2018

Maffezini v. Spain

Emilio Agustín Maffezini v. Kingdom of Spain, ICSID Case No. ARB/97/7 (Decision on Jurisdiction) Decision available at https://www.italaw.com/cases/641 Keywords Dispute resolution provisions, exhaustion of remedies, most favoured nation treatment Key dates Request for Arbitration: 30 October 1997 Constitution of Tribunal: 24 June 1998 Decision on Jurisdiction: 25 January 2000 Award: 9 November 2000 Rectification of the Award: 21 January […]

ITN  |  October 18, 2018

Siemens v. Argentina

Siemens A.G. v. Republic of Argentina, ICSID Case No. ARB/02/8 Decision, award and other documents available at https://www.italaw.com/cases/1026 Keywords Corruption, damages, expropriation, interpretation, investor obligations, margin of appreciation, most favoured nation, proportionality, umbrella clause Key dates Request for Arbitration: 23 May 2002 Decision on Jurisdiction: 3 August 2004 Award: 6 February 2007 Request by Argentina for Annulment of […]

ITN  |  October 18, 2018

Vivendi v. Argentina

Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. ARB/97/3   Decisions and awards available at https://www.italaw.com/cases/309 Keywords Arbitrator independence, attribution, broad dispute resolution clause, contractual forum selection clause, damages, expropriation, fair and equitable treatment, jurisdiction, legitimate expectations Key dates Original proceeding (“Vivendi I”) Request for Arbitration: 26 December 1996 Constitution of Tribunal: […]

ITN  |  October 18, 2018

World Duty Free v. Kenya

World Duty Free Co. Ltd. v. Republic of Kenya, ICSID Case No. ARB/00/7 Award available at https://www.italaw.com/cases/3280 Keywords Corruption, interpretation, investor obligations, transparency Key dates Request for Arbitration: 7 July 2000 Constitution of Tribunal: 29 November 2000 Award: 4 October 2006 Arbitrators Judge Gilbert Guillaume (president) Hon. Andrew Rogers (claimant appointee) Mr. V. V. Veeder (respondent appointee) Forum […]

ITN  |  October 18, 2018

Methanex v. United States

Methanex Corp. v. United States of America, UNCITRAL Decision and awards available at https://www.italaw.com/cases/683 Keywords Amicus curiae, corruption, environmental measures, expropriation, fair and equitable treatment/minimum international standards of treatment, legitimate expectations, like circumstances, public hearings, reference to other bodies/principles of law, transparency Key dates Statement of Claim: 3 December 1999 Constitution of Tribunal: 18 May 2000 Decision on Acceptance of […]

ITN  |  October 18, 2018

Parkerings v. Lithuania

Parkerings–Compagniet AS v. Republic of Lithuania, ICSID Case No. ARB/05/8 Award available at https://www.italaw.com/cases/812 Keywords Broad dispute resolution provision, cultural measures, due diligence, environmental measures, exhaustion of remedies, expropriation, fair and equitable treatment, good faith, investor obligations, jurisdiction, legitimate expectations, like circumstances, most favoured nation treatment, protection Key dates Request for Arbitration: 11 March 2005 Constitution of Tribunal: 12 October 2005 […]

ITN  |  October 18, 2018

Phoenix v. Czech Republic

Phoenix Action Ltd. v. Czech Republic, ICSID Case No. ARB/06/5 Award available at https://www.italaw.com/cases/850 Keywords Abuse of process, definition of “investment,” good faith, investor obligations, jurisdiction, “Salini” test Key dates Request for Arbitration: 23 March 2006 Constitution of Tribunal: 8 January 2007 Award on Jurisdiction: 9 April 2009 Arbitrators Prof. Brigitte Stern (president, appointed by the ICSID Administrative Council) […]

ITN  |  October 18, 2018

SGS v. Pakistan

SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, ICSID Case No. ARB/01/13 (Decision on Objections to Jurisdiction) Decision available at https://www.italaw.com/cases/1009 Keywords Contractual forum selection clause, definition of “investment,” “fork-in-the-road” clause, jurisdiction, multiple/parallel proceedings, umbrella clause, waiting periods Key dates Request for Arbitration: 12 October 2001 Constitution of Tribunal: 9 August. 2002 (The Tribunal was originally constituted […]

ITN  |  October 18, 2018

Eiser v. Spain

Eiser Infrastructure Limited and Energia Solar Luxembourg S.à.r.l v. Kingdom of Spain, ICSID Case No. ARB/13/36 The award is available at https://www.italaw.com/cases/5721 Keywords Energy transition, feed-in tariffs, legitimate expectations, legal stability Key Dates Request for arbitration: December 9, 2013 Constitution of tribunal: July 8, 2014 Award: May 4, 2017 Annulment: pending Arbitrators John R. Crook(president) […]

ITN  |  October 18, 2018

Burlington v. Ecuador

Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5 Decisions and Award are available at https://www.italaw.com/cases/181 Keywords Taxation, investor obligations, environmental counterclaim Key Dates Request for Arbitration: April 21, 2008 Constitution of Tribunal: February 18, 2009 Decision on Jurisdiction: June 2, 2010 Decision on Liability: December 14, 2012 Decision on the Proposal for […]

ITN  |  October 18, 2018

Urbaser v. Argentina

Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic, ICSID Case No. ARB/07/26 Decisions and award are available at http://www.italaw.com/cases/1144 Keywords Human rights, international accountability of investors, counterclaim Key Dates Request for Arbitration: July 20, 2007 Constitution of Tribunal: October 16, 2009 Decision on Jurisdiction: December 19, 2012 […]

ITN  |  October 18, 2018

Churchill Mining v. Indonesia

Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 Award is available at https://www.italaw.com/sites/default/files/case-documents/italaw7893.pdf Keywords Forgery (forged documents), investor due diligence, coal mining Key Dates Request for arbitration: May 22, 2012 (based on United Kingdom–Indonesia BIT), November 26, 2012 (based on Australia–Indonesia BIT) […]

ITN  |  October 18, 2018

SGS v. Philippines

SGS Société Générale de Surveillance S.A. v. Republic of the Philippines, ICSID Case No. ARB/02/6 (Decision on Objections to Jurisdiction and Separate Declaration) Decision available at https://www.italaw.com/cases/1018 Keywords Broad dispute resolution provision, contractual forum selection clause, definition of “investment,” jurisdiction, umbrella clause Key dates Request for Arbitration: 6 June 2002 Constitution of Tribunal: 18 September 2002 Decision on Jurisdiction: 24 January […]

ITN  |  October 18, 2018

Tecmed v. Mexico

Tecnicas Medioambientales Tecmed S.A. v. United Mexican States, ICSID Case No. ARB(AF)/00/2 Award available at https://www.italaw.com/cases/1087 Keywords Environmental measures, expropriation, fair and equitable treatment, interpretation, legitimate expectations, proportionality, “sole effects” test Key dates Request for Arbitration: 28 July 2000 Constitution of Tribunal: 13 March 2001 [The Tribunal was reconstituted on 17 December 2001 after the Respondent’s initial appointee, Mr. Aguilar […]

ITN  |  October 18, 2018

Glamis v. United States

Glamis Gold Ltd. v. United States of America Award and other documents available at http://www.state.gov/s/l/c10986.htm Keywords Amicus curiae, cultural measures, environmental measures, expropriation, fair and equitable treatment/minimum international standards of treatment, legitimate expectations, transparency Key dates Notice of Arbitration: 9 December 2003 Constitution of Tribunal: 12 November 2004 Final Award: 8 June 2009 Arbitrators Mr. Michael Young (president) […]

ITN  |  October 18, 2018

Metalclad v. Mexico

Metalclad Corp. v. United Mexican States, ICSID Case No. ARB(AF)/97/1 Award and judicial review decisions available at https://www.italaw.com/cases/671 Keywords Environmental measures, expropriation, fair and equitable treatment/minimum international standards of treatment, judicial review, legitimate expectations, “sole effects” test Key dates Notice of Arbitration: 2 January 1997 Constitution of Tribunal: 19 May 1997 Award: 30 August 2000 Decision by British Columbia […]

ITN  |  October 18, 2018

Pac Rim v. El Salvador

Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12 Decisions and Award are available at https://www.italaw.com/cases/783 Keywords Mining, national investment law Key Dates Request for Arbitration: April 30, 2009 Constitution of Tribunal: November 18, 2009 Decision on the Respondent’s Jurisdictional Objection: June 1, 2012 Award: October 14, 2016 Decision on the […]

ITN  |  October 18, 2018

Philip Morris v. Uruguay

Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7 Decision and award available at http://www.italaw.com/cases/460 Keywords Expropriation – police power doctrine, fair and equitable treatment – margin of appreciation, legitimate expectations Key Dates Request for arbitration: February 19, 2010 Decision on jurisdiction: July 2, 2013 […]

ITN  |  October 18, 2018

Occidental v. Ecuador

Occidental Petroleum Corp. and Occidental Exploration and Production Co. v. Republic of Ecuador, ICSID Case No. ARB/06/11 (Decision on Jurisdiction) Decision available at https://www.italaw.com/cases/767 Keywords Contractual waiver of treaty rights, jurisdiction, waiting periods Key dates Request for Arbitration: 17 May 2006 Constitution of Tribunal: 6 February 2007 Decision on Provisional Measures: 17 August 2007 Decision on Jurisdiction: 9 September 2008 […]

ITN  |  October 18, 2018

Crystallex v. Venezuela

Crystallex International Corporation v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/11/2 The award is available at https://www.italaw.com/cases/1530 Keywords Mining, fair and equitable treatment, legitimate expectations, deference, arbitrariness, methodologies to calculate compensation Key Dates Request for Arbitration: February 16, 2011 Constitution of Tribunal: October 5, 2011 Award: April 6, 2016 Settlement Agreement: November 24, 2017 […]

ITN  |  October 18, 2018

Clayton/Bilcon v. Canada

William Ralph Clayton, William Richard Clayton, Douglas Clayton, Daniel Clayton and Bilcon of Delaware Inc. v. Government of Canada, UNCITRAL, Permanent Court of Arbitration (PCA) Case No. 2009-04 Award available at https://www.italaw.com/sites/default/files/case-documents/italaw4212.pdf Keywords Environmental regulation, environmental assessment, fair and equitable treatment, international minimum standard of treatment, legitimate expectations, procedural and substantive fairness, arbitrariness Key Dates Notice […]

ITN  |  October 18, 2018

Metal-Tech v. Uzbekistan

Metal-Tech Ltd. v. The Republic of Uzbekistan, ICSID Case No ARB/10/3 The award is available at https://www.italaw.com/sites/default/files/case-documents/italaw3012.pdf Keywords Corruption, burden of proof, standard of proof, transparency Key Dates Request for Arbitration: January 26, 2010 Constitution of Tribunal: August 3, 2010 Award: October 4, 2013 Arbitrators Gabrielle Kaufmann-Kohler (president) Claus von Wobeser (respondent appointee) Geraldine Fischer […]

ITN  |  October 15, 2018

Bear Creek v. Peru

Bear Creek Mining Corporation v. Republic of Peru, ICSID Case No. ARB/14/2 Decisions and award are available at https://www.italaw.com/cases/2848 Keywords Silver mining, general exception clause, social licence to operate, human rights and rights of Indigenous Peoples Key Dates Request for arbitration: August 11, 2014 Constitution of tribunal: December 3, 2014 Partial dissenting opinion of Philippe Sands: […]

ITN  |  September 26, 2017

Resources and Events

Resources published between May and July 2017; events between September and November 2017

ITN  |  June 12, 2017

Resources and Events

Resources published between February and May 2017; events between June and August 2017

ITN  |  March 13, 2017

News in Brief

SIAC Investment Arbitration Rules come into effect; new SCC rules include appendix on investment treaty disputes On January 1, 2017, the Investment Arbitration Rules of the Singapore Investment Arbitration Centre (SIAC) came into effect. Among the highlights are provisions on early dismissal of claims and defences, submissions by non-disputing parties and mandatory disclosure of third-party […]

ITN  |  March 13, 2017

Awards and Decisions

ICSID tribunal dismisses claims brought against Indonesia based on forged mining licences Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 Inaê Siqueira de Oliveira [*] After rendering separate decisions on jurisdiction¾one for the case brought by British company Churchill Mining PLC under the United […]

ITN  |  March 13, 2017

Resources and Events

Resources Treaty Shopping in International Investment Law By Jorun Baumgartner, Published by Oxford University Press, February 2017 The book examines the practice of treaty shopping—the strategic change of nationality or the strategic invocation of another nationality with the aim of accessing another investment treaty for purposes of investment arbitration—to investigate the challenges this practice poses […]

ITN  |  March 13, 2017

Treaty Shopping in International Investment Law

The book examines the practice of treaty shopping—the strategic change of nationality or the strategic invocation of another nationality with the aim of accessing another investment treaty for purposes of investment arbitration—to investigate the challenges this practice poses in investment arbitration.

ITN  |  December 12, 2016

News in Brief

Trump election affects mega-regional negotiations including TTIP, TPP and RCEP

Brazil and India initial Bilateral Investment Treaty (BIT); text yet to be published

CETA signed; Canada and European Union to “work expeditiously” on creating a Multilateral Investment Court

ITN  |  December 12, 2016

Awards and Decisions

Venezuela to Pay Us$1 Billion For Expropriating Canadian Mining Company’s Investment

ICSID Tribunal dismisses MFN Clause in WTO GATS as a means of importing Senegal’s consent to arbitration from third party BIT

PCA tribunal deemed acts of Polish Agricultural Property Agency not attributable to Poland

Claimant not considered Investor due to interpretation of “Seat” under Cyprus–Montenegro BIT

Ecuador’s Levy on extraordinary oil profits at a 99% rate has breached Murphy’s legitimate expectations, decides PCA tribunal

Ecuador ordered by PCA tribunal to pay $24 million to Canadian Mining Company

ITN  |  May 16, 2016

News in Brief

US$50 billion awards against Russia in Yukos Cases are set aside by Dutch Court

TTIP draft to be prepared by July; ISDS being built based on both EU and US proposals

China – US BIT: ISDS to be included; ongoing negotiations on negative lists

Three mining disputes: The first investment disputes against Colombia come to light

Canada-European Union CETA re-concluded in February to incorporate the EU ICS proposal

Second ICSID claim filed against Uruguay; Philip Morris decision still pending

Singapore International Arbitration centre releases investment arbitration rules

ITN  |  May 16, 2016

Awards and Decisions

ICSID Tribunal Awards Damages for Venezuela’s Indirect Expropriation of Steel Industry Investment

The first ICSID case against Guinea is dismissed for lack of Jurisdiction

Slovenia is condemned to pay 20 million euros in damagesand US$10 million in costs to Croatian National Electric Company

The only known investment treaty arbitration against Equatorial Guinea fails on jurisdictional grounds

ICSID tribunal orders Zimbabwe to return expropriated farms

ITN  |  May 16, 2016

Slovenia is condemned to pay €20 million in damages and US$10 million in costs to Croatian national electric company

An award rendered on December 17, 2015 by an arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) added a new—and apparently final—chapter to a nearly 20-year-old conflict between the governments of Croatia and Slovenia over the supply of electricity generated by the Krško Nuclear Power Plant (Krško NPP), located in Slovenia.