ITN, ITN Quarterly | April 2, 2024

ITN Quarterly March 2024

Insights

ISDS and Fossil Fuels: What role for a carveout?, by Lukas Schaugg, Suzy Nikièma, and Nathalie Bernasconi

English High Court allows challenge to arbitral award for having been obtained by fraud and in violation of public policy (The Federal Republic of Nigeria v Process & Industrial Developments Limited, [2023] EWHC 2638 (Comm)), by Meher Tandon

ICSID tribunal rejects Spanish power company claims – no legitimate expectations of market framework improvement (Orazul International España Holdings S.L. v Argentine Republic, ICSID Case No. ARB/19/25,), by Domenico Ricciuto

The ICSID Tribunal in BSG Resources v. Guinea finds that licences were obtained through corruption (BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea (I), ICSID Case No. ARB/14/22), by Letizia Ceccarelli, Hoda Ghassabian and Lorenzo Poggi

ICSID tribunal upholds Guatemala’s preliminary objection against the import of 10 umbrella clauses through an MFN clause while rejecting and joining to the merits the remaining preliminary objections raised by the state (Grupo Energía Bogotá S.A. E.S.P. and Transportadora de Energía de Centroamérica S.A. v. Republic of Guatemala, ICSID Case No. ARB/20/48, Decision on Preliminary Objections, November 24, 2023), by María Rosario Tejada

An ICSID tribunal further restricts the scope of security for costs applications (Vercara LLC (formerly Security Services LLC, formerly Neustar, Inc) v. Republic of Colombia, ICSID Case No. ARB/20/7, Decision on security for costs, September 27, 2023), by Théo Tibère