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Petroleum ISDS cases pose major threat to climate action
Research shows that mining and energy industries are the most frequent users of Investor-State Dispute Settlement mechanisms.
Lee-Chin seeks US$300m in arbitration fight over Dom Rep investment
A Jamaican investor served the government of the Dominican Republic with a notice of arbitration surrounding the state takeover of a recycling facility and waste-to-energy plant.
French court upholds literal interpretation of investment treaty
A recent decision under the Energy Charter Treaty by France’s highest court appears to signal a return to a literal interpretation by the French courts of international treaties.
Progress made on biotech during seventh NAFTA round
Negotiators closed the chapter on good regulatory practices, the sixth chapter to be completed. They have also finished on the sanitary-phytosanitary measures chapter. All three countries also agreed to establish a formal energy chapter.
US court grants enforcement of US$520 million award against Republic of Kazakhstan
US court issued its ruling in favor of the plaintiffs in Stati et al. v. Rep. of Kazakhstan, a long-running litigation concerning the Stati Parties’ efforts to enforce a $520 million arbitral award under the Energy Charter Treaty.
Gazprom draws up lawsuit for international arbitration over Ukraine’s antimonopoly fine
Gazprom has already sent a notice to Ukraine about the Ukrainian side violating its obligations to protect investment and is currently preparing a lawsuit to appeal to International arbitration.
Al Amoudi lodges a complaint against Morocco in Washington, D.C.
Al Amoudi recently filed a complaint against Morocco at the World-bank affiliated ICSID thus ending a series verbal threats the Saudi investor has been brandishing since 2015 against Moroccan investment authorities.
Oil and gas leaders warn Trump he risks harming their industry
Trump disagrees with executives on Nafta arbitration language. Industry leaders say it provides an essential safety net.
Final hearing in Cairn Energy tax issue in August
Under international arbitration proceedings the final hearing of Cairn’s claim under the UK-India Bilateral Investment Treaty is scheduled for August 2018 in The Hague.
Naftogaz expects to recover from Russia $8 bln over assets seized in Crimea
According to the holding’s chief commercial officer, once Ukraine wins in court, the question will arise of physically taking this money from Russia.
Letter: Gambia is about to pay half a million dollars at the International Settlement Investment Dispute Court
Shocking information from insiders tells us that the authorities are about to make a payment to the International Settlement of Investment Disputes of nearly US dollars 500,000 as a prepay for the three litigations.
Canada didn’t violate trade agreement in B.C. pulp mill case, NAFTA tribunal rules
A NAFTA tribunal rejects $250-million claim by Mercer International Inc. against the Canadian government.
Solar wars: Part IV - The Eiser award was not a rogue one
The tribunal found that Novenergia’s investments were achieving a reasonable rate of return. However, the tribunal held that it was sufficient for the claim to succeed that Novenergia could show “quantifiable prejudice” compared with its position when it initially made its investment.
Solar wars: Part III - Return of the European Commission
On 26 December 2017, the Commission published its decision that attacked the ECT claims brought by investors against Spain (and other EU states).
Solar wars: Part II – The states strike back
One tribunal could interpret the effect of legislative provisions differently to another. So while Eiser opens up the prospect of more claims, Blusun may narrow the basis for claims.
Solar wars: Part I – A new hope for investors?
With the global financial crisis, solar power incentives schemes became unbearably costly and Spain repealed those incentives. Consequently, many investors brought arbitration claims under the Energy Charter Treaty.
Naftogaz lawsuit regarding Crimean assets to be heard in Hague in May 2018
The lawsuit requirements come down to the amount of compensation, which has been evaluated by independent experts at over $5 billion.
Report: Is the arbitration clause of the Energy Charter Treaty compatible with EU law in its application between EU Member States?
Despite the fact that the ECT was initiated and designed by the EU, there are compelling grounds to doubt the compatibility of the ECT’s arbitration clause with the principles underpinning the EU’s judicial system.
Spain to pay compensation to renewables investors
In a second international ruling against retroactive cuts in renewables support introduced by the Spanish government in 2013, a Swedish arbitration panel has awarded a Luxembourg-based investment firm €53 million compensation.
API supports NAFTA modernization that retains strong protections for US investors
Ongoing negotiations to modernize NAFTA must advance our role as a global energy leader by retaining US access to Mexico’s newly-opened oil and natural gas market and providing strong protections, including Investor-State Dispute Settlement.