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The UNASUR centre for the settlement of investment disputes and Venezuela: will both ever see the light at the end of the tunnel?
One of the objectives of the Union of South-American Nations (UNASUR) is the creation of a regional dispute settlement centre to replace the International Centre for the Settlement of Investment Disputes (ICSID).
TECO subsidiary awarded $21 million
A TECO Energy subsidiary has won a $21.1 million award in a business claim against the government of Guatemala.
The rising interest in the mediation of investment treaty disputes
Recent developments indicate there may be increasing interest in the creation of alternative forms of dispute resolution for investor-State disputes. One potential alternative is mediation.
The 101 on how global trade treaties came to threaten the environment
International trade agreement provisions once meant to protect investors today can challenge a nation’s sovereignty and invalidate environmental laws.
Bear Creek Mining Corporation v. Republic of Peru (ICSID Case No. ARB/14/21) – public hearing
​A hearing on jurisdiction and the merits in the case will be transmitted live via internet feed from 7-14 September 2016.
Protecting the government in investor-state dispute
The Indonesian government is currently reviewing all its international investment treaties after previously having terminated 20 bilateral investment treaties (BIT).
Forum shopping in the execution of ICSID awards: is it time to revive the UN convention on state immunity?
By virtue of the ICSID Convention awards are automatically enforceable. But enforcement of an award is only half of the equation; award holders must also navigate the separate, but equally important, task of executing the award.
Costa Rica’s request to terminate Infinito Gold’s ICSID claim: brief reflections
On 24 July 2015, Costa Rica requested the termination of the arbitral proceedings that the Canadian Mining company, Infinito Gold filed with the Centre for the Settlement of Disputes between Foreign Investors and States.
Investment treaty claims by dual nationals
In recent years, a new type of claim has been emerging in the field of investment treaty arbitration, whereby investors initiate proceedings against their own state before an international arbitration tribunal.
South America forms alternative to free trade kangaroo courts
Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.
The ICSID Convention enters into force in Iraq
The ICSID Convention entered into force in Iraq on 17 December 2015. This comes after Iraq signed the ICSID Convention and deposited its instrument of ratification on 17 November 2015 to become the Convention’s 160th signatory State.
Rafael Correa announces that Ecuador will assume Oxy’s “liabilities”
President Rafael Correa announced that Ecuador has reached a payment plan with the US oil company, Occidental (Oxy)
Abertis hauls Argentina’s new government before the World Bank on account of two motorways
Abertis has hauled Argentina’s Attorney General’s Treasury Office before the World Bank’s Arbitration Dispute Settlement body (known as ICSID) for freezing tariffs applied to two concessions for motorways controlled by the Spanish company in Argentina.
Investment accords - conceptual & procedural contentions
Particular issues and procedures in investment treaties have proved especially contentious at both conceptual and practical levels.
Gov’t accuses Marsans group of ’selling’ ICSID lawsuit to vulture fund
Litigation finance treats litigation claims as financeable assets, just like real estate or receivables
Congo Airways Airbus stuck at Dublin - Kinshasa alludes to «vulture fund subterfuge»
Pursuant to the ruling of an Irish court, Airbus A320 of Congo Airways, RDC’s new national airline company, is blocked at Dublin airport. The Congolese authorities are not excluding the hypothesis of “vulture fund subterfuge”.
Reko Diq arbitration: Can there be a settlement?
We have been hearing news of the Pakistan government’s efforts to reach a settlement with the Tethyan Copper Company (TCC) in connection with the Reko Diq matter involving copper and gold reserves worth billions of dollars.
Analysis of foreign investment protection in Senegal’s bilateral investment treaties
Is Senegal providing a disproportionate level of protection to foreign investors through BITs?
El Salvador: “Arbitration with Pacific Rim has cost the State $12.6 million”
Luis Parada, a lawyer with the law firm Foley Hoag, is optimistic that the company, Pacific Rim, will not prevail in the proceedings.
Analysis: OceanaGold vs El Salvador: Foreshadowing ’trade’ under the TPP?
The Central American country of El Salvador could be forced to pay US$301 million to Canadian-Australian mining multinational OceanaGold as the two face off in a World Bank investor-state tribunal with proven tendency to favor corporate interests over arguments for protecting national sovereignty, the environment, and human rights.