ICSID, 13 July 2018, Mobil Investments Canada Inc v. Canada, ICSID Case No. ARB/15/6, Decision on Jurisdiction and Admissibility

On 13 July 2018, an ICSID arbitral tribunal issued a decision on jurisdiction and admissibility in Mobil Investments Canada Inc v. Canada, rejecting some of Respondents’ preliminary objections. The dispute arose out of oil projects located off the coast of the Canadian province of Newfoundland and Labrador. Following the Canada’s implementation of the 2004 Guidelines [...]

2018-08-06T22:31:36+00:00 July 13th, 2018|ICSID, International awards|0 Comments

England and Wales High Court of Justice, 13 July 2018, PAO Tatneft v. Ukraine, [2018] EWHC 1797 (Comm)

In the OAO Tatneft v. Ukraine case (“investor” and “Respondent” respectively), the arbitral tribunal seated in Paris and constituted under the UNCITRAL Rules rejected all of Respondent’s jurisdictional objections in its decision on jurisdiction and ordered it to pay the investor 12 million dollars in its award. Respondent initiated annulment proceedings in France, the USA [...]

ICSID, 29 June 2018, A11Y Ltd. v. Czech Republic, ICSID Case no. UNCT/15/1, Award

On 29 June 2018, an arbitral tribunal, set in Paris and administratively supported by ICSID, issued a final award in favour of Czech Republic, defendant in the A11Y Ltd v. Czech Republic case brought by a UK investor. These proceedings were governed by the UNCITRAL Rules. The dispute arose from the Statement made by the [...]

New draft model BIT for the Netherlands

The new draft model bilateral investment treaty of the Netherlands, disclosed by the Dutch ministry of foreign affairs in late 2017, is planned to stand in lieu of the actual “standard text” for the Netherlands BITs and provides for major changes such as the preclusion for individuals from acting both as counsel and arbitrator and [...]

2018-06-27T21:57:23+00:00 May 31st, 2018|News|0 Comments

Paris Court of Appeal, 24 May 2018, Mr. B. C. v. Company Autoridad del Canal de Panama and Standard Chartered Bank, no. 17/08685

On 24 May 2018, the Paris Court of Appeal confirms the judgment lifting the attachment order obtained by Mr. Laurent Parienti pursuant to the arbitral award rendered in his favor against the Panama Republic and the Panama Canal Authority. To enforce this award, the investor had seized the accounts of the Panama Canal Authority at [...]

ICSID, 18 May 2018, Quiborax S.A. y Non-Metallic Minerals S.A. v. Bolivia, no. ARB/06/2, Decision on Annulment on the request of Bolivia

Upon the request of Bolivia in the Quiborax S.A. y Non-Metallic Minerals S.A. v. Bolivia case, on 18 May 2018 an ICSID ad hoc Committee issued a decision on annulment of an arbitral award dated 16 September 2015. The dispute was settled in favor of the investor. Bolivia requested annulment on three grounds set forth [...]

2018-06-27T21:55:39+00:00 May 18th, 2018|ICSID, International awards|0 Comments

ICSID, 17 May 2018, Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia, no. ARB/17/34, Decision on the Proposal to Disqualify an arbitrator

On 17 May 2018, the Chairman of the Administrative Council issued his decision on Croatia’s proposal to disqualify a Member of the arbitral tribunal in the Raiffeisen Bank International AG and Raiffeisenbank Austria d.d. v. Republic of Croatia case. Croatia filed the proposal on the basis of Article 57 of the ICSID Convention and Rule [...]

2018-06-27T21:52:58+00:00 May 17th, 2018|ICSID, International awards|0 Comments

ICSID, 16 May 2018, Masdar Solar & Wind Cooperatief U.A. v. Kingdom of Spain, no. ARB/14/1, Award

On 16 May 2018, an ICSID arbitral tribunal issued a final award on jurisdiction, merits and costs in favour of a Dutch investor against Spain. The dispute arose out of the Respondent’s reforms on the renewable energy market, undertaken from 2012 to 2014. All these regulatory modifications occurred after years of the State’s encouraging of [...]

2018-06-27T21:50:20+00:00 May 16th, 2018|ICSID, International awards|0 Comments

ICSID, 3 May 2018, ACP Axos capital v. Kosovo, no. ARB/15/22

This is the first time the International Centre for Settlement of Investment Disputes (“ICSID”) rendered an arbitral award in relation with the state of Kosovo. This case concerned the bilateral investment treaty (“BIT”) between the Socialist Federal Republic of Yugoslavia and the Federal Republic of Germany. The arbitral tribunal has dismissed the arbitration claim for [...]

2018-06-27T21:24:35+00:00 May 3rd, 2018|ICSID, International awards|0 Comments