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Venezuela mines for a reversal in federal appeals court
Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals.
Foreign control and ICSID jurisdiction on Energy Charter Treaty claims of local companies: The Eskosol case
The ICSID tribunal in Eskosol in liquidazione v. Italy rejected Italy’s Rule 41.5 application to have the claim thrown out for being “manifestly without legal merit.” I offer a summary and some reflections on two interesting aspects on the tribunal’s jurisdiction.
Belgian court orders to release Russia’s assets seized under Yukos claim
Yukos will hardly appeal against the Belgian court’s ruling, the lawyer of the Russian Federation Niuscha Bassiri said.
Spain loses first arbitration claim over cuts to renewable energy subsidies
Spain has lost its first international arbitration process over cuts to renewable energy subsidies
Case summary: Stati, Ascom & Terra Raf v. Kazakhstan
The dispute is based on the Energy Charter Treaty (ECT) and was initiated by Moldovan businessman Anatole Stati, his son Gabriel Stati and two companies owned by them.
The fourth man: an intriguing sub-plot in the Yukos arbitration
The Russian Federation claimed that arbitrator Yves Fortier’s assistant turned into a Fourth Man, a covert extra arbitrator who conceived and drafted a large part of the award.
Rockhopper launches arbitration claim against Italy
Rockhopper Exploration is fighting for compensation from Italy after it banned offshore drilling, leaving the company unable to develop one of its oil and gas fields.
Yukos saga continues as Russia bound by provisional application of Energy Charter Treaty
The latest award on jurisdiction conflicts with the ruling of a Dutch court which overturned an earlier award of US$50 billion in favour of the former majority shareholders of Yukos.
New report on investment arbitration
SCC is a preferred venue for investment arbitrations. Over the past 20 years, the SCC has administered and acted as appointing authority in more than 90 investment arbitrations, both in small-sized and in large-scale disputes.
Energy Charter Treaty award upheld in challenge proceedings
The Svea Court of Appeal rejected the Republic of Kazakhstan’s request to declare invalid or set aside the arbitral award in Stati v Kazakhstan. The judgment cannot be appealed.
Croatia seeks annulment of UNCITRAL’s INA-MOL ruling before Swiss court
Croatia has lodged a request with the Federal Supreme Court of Switzerland for the annulment of an arbitral award in the case INA-MOL
Bye-bye BITs? Poland reviews its investment policy
Poland is clearly sceptical regarding investment protection granted by BITs containing an ISDS system in a current form.
Hague appeals court not to split Yukos shareholders’ appeal - Lawyer
The Hague Court of Appeal has rejected a plea to bifurcate hearings on a complaint by the former shareholders of Russia’s now-defunct Yukos oil firm
Croatia to appeal UNCITRAL ruling in dispute with MOL over INA
Croatia’s government said it will appeal the ruling of the Arbitral Tribunal which dismissed Croatia’s claims against Hungary’s MOL in a case concerning Croatian oil and gas company INA
Croatia to pay 30 million dollars for lost arbitration with MOL?
Unfavourable arbitration ruling means that Croatia will have to cover most of the costs.
“Legitimate expectations” in the Vattenfall case: at the heart of the debate over ISDS
Central to the general public’s opposition to ISDS is the concept of legitimate expectations.
Hague Court of Appeal to hold Yukos case hearing on January 16
Yukos former shareholders are trying to dispute the decision of the Hague District Court.
MOL v. Republic of Croatia: The ICSID case where investor corruption as a defense strategy of the host state in international investment arbitration might succeed
In the landscape of international investment arbitration the allegations of corruption have become more and more common.
The German Constitutional Court judgment in the Vattenfall case: lessons for the ECT Vattenfall arbitral tribunal
This dispute and final judgment provide some valuable lessons for the arbitral tribunal in the ECT Vattenfall dispute.
German utilities win compensation for nuclear phaseout
Germany’s highest court has ruled in favor of three power companies in a dispute over a government decision to phase out nuclear energy. Vattenfall is also suing at the International Center for Settlement of Investment Disputes (ICSID).