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Dutch Advocate General recommends upholding judgment that refused recognition and enforcement of multi-billion-USD award against Malaysia | Investment Arbitration Reporter
An Advocate General (“AG”) of the Supreme Court of the Netherlands, Ruth de Bock, rendered her conclusions on an appeal lodged by the claimants in the Heirs of…
Euratom, EU, and EU member states deny benefits of Energy Charter Treaty to Russian-owned and Belarusian-owned investors and investments | Investment Arbitration Reporter
The European Union (“EU”) and Euratom, together with nearly all EU member states, have declared that they would deny the Energy Chater Treaty (“ECT”)’s benefits…
Singapore court grants permanent anti-suit injunction in favor of Indonesia’s state-owned oil company, and rejects challenge to enforcement of award | Investment Arbitration Reporter
The Singapore International Commercial Court (“SICC”) has dismissed the respondent’s objections to the enforcement of an award issued in Singapore in Pertamina…
Australian mining company announces settlement of ICC arbitration against Republic of the Congo; related case against Cameroon remains pending | Investment Arbitration Reporter
Sundance Resources Ltd (“Sundance”) has announced that it has reached a conditional settlement with the Republic of the Congo (“RoC”) to terminate the Sundance &
Analysis: Svea Court of Appeal declines to rule on jurisdictional objection upheld by arbitral tribunal in bifurcated proceeding, finding that court’s scope of review in set-aside proceedings is limited to issues decided by arbitral tribunal | Investment Arbitration Reporter
The Svea Court of Appeal has declined Moldova’s request to examine in a bifurcated proceeding a jurisdictional objection that was the basis for dismissing the…
Revealed: Tribunal in LSG v. Romania rules on outstanding quantum issues, awarding 42.2 million EUR plus interest and costs on account of ECT breach | Investment Arbitration Reporter
As we previously reported, earlier this year, Romania was ordered to pay 42.2 million EUR in damages in the LSG Building Solutions et al. v. Romania arbitration…
French court refuses to hear claims against Sudan and its state entities, but claims against ICC stemming from forced discontinuance of arbitration will move forward | Investment Arbitration Reporter
The Paris Court of Appeal has dismissed an attempt by a group of Croatian companies (“Croatian Parties”)* to bring claims against the Republic of the Sudan and…
Analysis: EU publishes text of inter-se Declaration on non-applicability of ECT arbitration clause to intra-EU disputes | Investment Arbitration Reporter
As we reported, on June 26, 2024, 26 member states of the European Union (“EU”) and the EU itself signed an inter-se declaration regarding the non-applicability…
CIS Round-Up: Yukos shareholders collect on vodka trademarks under Yukos awards, new developments in RCA-Linde legal saga, and other arbitration-related updates involving countries of the region | Investment Arbitration Reporter
In this report, we discuss recent arbitration-related developments involving states which are members or former members of the Commonwealth of Independent…
ICSID tribunal applies essential security interests clause and dismisses real estate investors’ claim against Colombia | Investment Arbitration Reporter
An ICSID tribunal in Angel Samuel Seda et al. v. Republic of Colombia has issued its Award, dismissing all claims against the state. The tribunal of Klaus M.
Analysis Colombia Supreme Court refuses to enforce ICSID Additional Facility award against Venezuela, citing state’s absolute immunity from execution | Investment Arbitration Reporter
Colombia’s Supreme Court refused to recognize the Rusoro v. Venezuela award last week, finding that Venezuela’s sovereign immunity from execution precluded…
ICSID discontinues snow crab arbitration against Norway, rejecting SME’s plea for a waiver of its fees; parties debate whether case could be refiled under now-terminated treaty | Investment Arbitration Reporter
The SIA Baltjura-Serviss v. Kingdom of Norway arbitration has been discontinued due to the parties’ failure to pay the required advances on costs.
EU member states sign declaration and initial agreement clarifying that ECT investor-state arbitration provisions do not apply in intra-EU context | Investment Arbitration Reporter
26 member states of the European Union (EU) and the EU have signed an inter se declaration (Declaration), clarifying that the investor-state arbitration…
Analysis: Newly-released decision in ACF v. Bulgaria reveals tribunal’s reasons for dismissing intra-EU objection, relying on ECT conflict clause | Investment Arbitration Reporter
The Decision on the Achmea Preliminary Objection (“Decision”) issued in the case of ACF Renewable Energy Limited v. Bulgaria has recently surfaced…
ICSID tribunal in Riverside Coffee v. Nicaragua refuses to restrict respondent’s Rejoinder; public hearing to be live streamed next week | Investment Arbitration Reporter
ICSID has published several procedural rulings issued in the Riverside Coffee v. Nicaragua arbitration, revealing that the tribunal hearing the case rejected…
Analysis: ICSID Background Paper on compliance and enforcement with awards finds that most damages awards and a significant (but lower) portion of costs awards are satisfied through voluntary compliance or post-award settlement; Background Paper considers that enforcement of ICSID awards before domestic courts is largely successful, specifically discussing intra-EU awards | Investment Arbitration Reporter
As we reported, the International Centre for Settlement of Investment Disputes (ICSID) has recently published its first comprehensive study on the issue of…
European Court of Human Rights finds Russia liable for administrative practice of human rights violations in Crimea, including through large-scale expropriations | Investment Arbitration Reporter
The Grand Chamber of the European Court of Human Rights (“ECtHR”) has found Russia liable of multiple violations of its human rights obligations in the Crimean…
Croatia invites expressions of interest for legal representation of the state in recent ETC/ICSID claim lodged by Hungary’s MOL; deadline is in two days | Investment Arbitration Reporter
The Croatian State Attorney Office (SAO) is inviting expressions of interest for legal representation of the Balkan state in the recently-initiated MOL…
Analysis: Russian court offers identical reasoning in enjoining two ICC arbitrations against Gazprom Export, seeing no prospect for impartial trial before Geneva-seated arbitration tribunals | Investment Arbitration Reporter
As we reported, the commercial court for the St. Petersburg and the Leningrad region has upheld Gazprom Export’s application for anti-arbitration injunctions…
Vietnam’s challenge to partial award in UNCITRAL treaty arbitration is stayed, pending outcome of parallel bid to set aside earlier award on jurisdiction | Investment Arbitration Reporter
The Paris Court of Appeal has opted to suspend set-aside proceedings directed against a partial award on costs in Maya Dangelas et al. v. Vietnam…
Analysis: Third tribunal to rule on Colombia’s high-altitude mining ban finds that although state’s conduct was not fully consistent, it did not reach the level of a treaty breach | Investment Arbitration Reporter
As we reported, an ICSID tribunal in Montauk Metals (formerly Galway Gold) v. Colombia recently found in favour of the state in an arbitration under the Canada…
Tribunal hearing mining royalty dispute with Colombia unanimously upholds jurisdiction and finds BIT breaches; tribunal majority orders state to pay indemnity for future damages, while dissenter finds that indemnity unduly interferes with state’s sovereignty | Investment Arbitration Reporter
An ICSID tribunal hearing the South 32 v. Colombia (1) arbitration has issued its Award, unanimously upholding jurisdiction and finding some breaches of the…
Hungarian MOL lodges second ECT/ICSID arbitration against Croatia, prolonging the parties’ decades-old legal battles | Investment Arbitration Reporter
The Hungarian MOL has lodged a new arbitration against Croatia at ICSID, invoking the Energy Charter Treaty (ECT). ICSID registered the case on June 20, 2024…
Looking Back: In 2014 award, ICC tribunal concluded that Bolivian state-owned company wrongly called on guarantees posted by Jindal Steel | Investment Arbitration Reporter
On the heels of the news that Bolivia recently prevailed in the JSB Bolivia (“JSB”) S.A. v. Comibol, Empresa Siderúrgic del Mutún (“ESM”) and Bolivia (2)…