Investor ordered by ICSID tribunal to pay Canadian government CAD 9 million following failed NAFTA claim
MERCER INTERNATIONAL INC. V. GOVERNMENT OF CANADA, ICSID CASE NO. ARB(AF)/12/3
Awards
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Luxembourg fund awarded EUR 53.3 million for FET breach arising out of Spain’s curtailment of renewable energy incentive schemes
NOVENERGIA II – ENERGY & ENVIRONMENT (SCA) (GRAND DUCHY OF LUXEMBOURG), SICAR V. THE KINGDOM OF SPAIN, SCC CASE NO. 063/2015
ICSID tribunal finds Latvia breached FET under Latvia–Lithuania BIT
UAB E ENERĢIJA V. REPUBLIC OF LATVIA, ICSID CASE NO. ARB/12/33
ICSID tribunal declines jurisdiction: Timor-Leste never consented to ICSID arbitration
Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste, ICSID Case No. ARB/15/2
ICSID tribunal dismisses expropriation case against Venezuela on jurisdictional grounds
FÁBRICA DE VIDRIOS LOS ANDES, C.A. AND OWENS-ILLINOIS DE VENEZUELA, C.A. V. BOLIVARIAN REPUBLIC OF VENEZUELA, ICSID CASE NO. ARB/12/21
Solar energy claims brought by German investors against Czechia are dismissed
Jürgen Wirtgen, Stefan Wirtgen, Gisela Wirtgen and JSW Solar (zwei) GmbH & Co. KG v. Czech Republic, PCA Case No. 2014-03
Venezuela held liable for unlawful expropriation of fertilizer plants
Koch Minerals Sárl and Koch Nitrogen International Sárl v. The Bolivarian Republic of Venezuela, ICSID Case No. ARB/11/19
Canadian mining company awarded sunk costs only in compensation for Peruvian expropriation
Bear Creek Mining Corporation v. Republic of Peru, ICSID Case No. ARB/14/21
Kazakhstan held liable for expropriation of Hourani family’s investment on second round of ICSID arbitration
Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan, ICSID Case No. ARB/13/13
ICSID tribunal affirms jurisdiction over dispute between Chinese construction firm and Yemen
Beijing Urban Construction Group Co. Ltd. v. Republic of Yemen, ICSID Case No. ARB/14/30
Claims brought by a company controlled by an Egyptian billionaire against Algeria are held inadmissible
Orascom TMT Investments S.à r.l. v. People’s Democratic Republic of Algeria, ICSID Case No. ARB/12/35
UNCITRAL tribunal dismisses allegations of Hungarian investor’s bribery and refuses to set aside contract with Croatia
The Republic of Croatia v. MOL Hungarian Oil and Gas Plc, PCA Case No 2014-15
All claims by Isolux Infrastructure Netherlands against Spain are dismissed
Isolux Infrastructure Netherlands B.V. v. the Kingdom of Spain, SCC Case No. V2013/153
Argentina ordered to pay over USD320 million for unlawful expropriation in airlines case
Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. The Argentine Republic, ICSID Case No. ARB/09/1
An ICSID tribunal dismisses its jurisdiction as investor abused its rights by “reviving” a company to access arbitration against Cameroon
Capital Financial Holdings Luxembourg SA v. Republic of Cameroon, ICSID Case No. ARB/15/18
Investors triumph over Spain in a claim concerning Spain’s regulatory overhaul for clean energy
Eiser Infrastructure Limited and Energía Solar Luxembourg S.à r.l. v. Kingdom of Spain, ICSID Case No. ARB/13/36
WNC v. Czechia: tribunal dismisses expropriation claim and determines that it has no jurisdiction over all other claims
WNC Factoring Limited v. The Czech Republic, PCA Case No. 2014-34
ICSID tribunal awards roughly USD380 million in compensation for illegal expropriation by Ecuador
Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5
Ecuador awarded USD41 million in counterclaim against U.S. oil and gas company Burlington Resources
Burlington Resources Inc. v. Republic of Ecuador, ICSID Case No. ARB/08/5
Highly anticipated NAFTA award rejects patent law–related claim against Canada
Eli Lilly and Company v. The Government of Canada, UNCITRAL, ICSID Case No. UNCT/14/2
SCC tribunal dismisses claims brought by British company and its shareholders against the Czech Republic
Anglia Auto Accessories Ltd. v. Czech Republic (SCC Case No. V 2014/181) and Ivan Peter Busta and James Peter Busta v. Czech Republic (SCC Case No. V 2015/014)
ICSID tribunal dismisses the second known case against China in a summary proceeding
Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25
ICSID tribunal finds Egypt in breach of several provisions of the U.S.–Egypt BIT
Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25
Claims by a Spanish investor declared inadmissible in a case against Costa Rica
Supervisión y Control S.A. v. Republic of Costa Rica, ICSID Case No. ARB/12/4
Resubmission tribunal puts an end to a 20-year dispute before ICSID
Victor Pey Casado and Foundation Presidente Allende v. The Republic of Chile, ICSID Case No. ARB/98/2
ICSID tribunal dismisses claims brought against Indonesia based on forged mining licences
Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia, ICSID Case No. ARB/12/14 and ICSID Case No. ARB/12/40 After rendering separate decisions on jurisdiction—one for the case brought […]
Renco failed to comply with formal waiver requirement under U.S.–Peru Trade Promotion Agreement
Renco Group Inc. v Republic of Peru, UNCT/13/1 An arbitral tribunal under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) declared that U.S.-based investor Renco […]
Pac Rim v. El Salvador: all claims dismissed; OceanaGold to pay US$8 million in costs
Pac Rim Cayman LLC v. Republic of El Salvador, ICSID Case No. ARB/09/12 On October 14, 2016, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) dismissed […]
NAFTA tribunal orders Canada to pay U.S. wind power developer more than CAD28 million
Windstream Energy LLC v. Government of Canada, PCA Case No. 2013-22 An arbitral tribunal under Chapter 11 of the North American Free Trade Agreement (NAFTA) has reached the award stage. […]
PCA tribunal dismisses expropriation and FET claims concerning an eco-touristic venture
Peter A. Allard v. The Government of Barbados, PCA Case No. 2012-06 On June 27, 2016, a tribunal under the auspices of the Permanent Court of Arbitration (PCA) dismissed all […]
Venezuela to pay US$1 billion for expropriating Canadian mining company’s investment
Rusoro Mining Ltd. v. the Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/12/5 – Claudia María Arietti López
ICSID tribunal dismisses MFN clause in WTO GATS as a means of importing Senegal’s consent to arbitration from third party BIT
Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd. v. Republic of Senegal, ICSID Case No. ARB/15/21- Suzy H. Nikièma
PCA tribunal deemed acts of Polish agricultural property agency not attributable to Poland
Mr. Kristian Almås and Mr. Geir Almås v. The Republic of Poland, PCA Case No. 2015-13 – Claudia María Arietti López
Claimant not considered investor due to interpretation of “seat” under Cyprus–Montenegro BIT
CEAC Holdings Limited v Montenegro, ICSID Case No. ARB(AF)/14/8 – Maria Florencia Sarmiento
Ecuador’s levy on extraordinary oil profits at a 99% rate has breached Murphy’s legitimate expectations, decides PCA tribunal
Murphy Exploration & Production Company – International v. Republic of Ecuador, PCA Case No. 2012-16 (formerly AA 434) – Inaê Siqueira de Oliveira
Ecuador ordered by PCA tribunal to pay $24 million to Canadian mining company
Copper Mesa Mining Corporation v. Republic of Ecuador, PCA No. 2012-2 – Matthew Levine
Awards and Decisions
The long-expected final award has been rendered in the high-profile case initiated by tobacco giant Philip Morris in early 2010 against Uruguay over its tobacco control measures.
Philip Morris v. Uruguay: all claims dismissed; Uruguay to receive US$7 million reimbursement
Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7
Corporate restructuring and abuse of rights: PCA tribunal deems Philip Morris’s claims against Australia’s tobacco plain packaging rules inadmissible
Philip Morris Asia Limited v. The Commonwealth of Australia, PCA Case No. 2012-12
ICSID tribunal upholds Panama’s abuse of process objection; Transglobal to pay arbitration costs and most of Panama’s legal expenses
In the proceeding brought by Transglobal Green Energy, LLC (a U.S.-based company) and Transglobal Green Panama S.A. (a Panama-based company) against Panama under the United States–Panama bilateral investment treaty (BIT), an ICSID tribunal accepted Panama’s abuse of process objection.
Claimant fails to comply with three-year limitation period under CAFTA-DR
A tribunal at the International Centre for Settlement of Investment Disputes (ICSID) declared that it lacked jurisdiction in the case of Corona Materials LLC (a U.S. company) against the Dominican Republic.
Venezuela ordered to pay US$1.202 billion plus interest to Canadian mining company Crystallex for FET breach and expropriation
In a 273-page award dated April 4, 2016, a tribunal at the Additional Facility (AF) of the International Centre for Settlement of Investment Disputes (ICSID) ordered Venezuela to pay US$1.202 billion plus interest to Canadian company Crystallex International Corporation (Crystallex).
NAFTA tribunal dismisses claims against Canada on green energy Feed-In Tariff program
An arbitration tribunal constituted under the North American Free Trade Agreement (NAFTA) has issued its award subject to a dissenting opinion.
Turkey–Turkmenistan BIT: tribunal finds claims admissible but dismisses them on merits
An arbitral tribunal at the International Centre for Settlement of Investment Disputes (ICSID) has issued its award on the claims by a Turkish company against Turkmenistan.
ICSID tribunal awards damages for Venezuela’s indirect expropriation of steel industry investment
Tenaris S.A. and Talta-Trading e Marketing Sociedade Unipessoal LDA v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/11/26
The first ICSID case against Guinea is dismissed for lack of jurisdiction
In a decision dated December 21, 2015, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) ruled that it lacked jurisdiction to hear a case brought by Société civile immobilière de Gaëta (Gaëta) against Guinea under the Guinean Investment Code.
Slovenia is condemned to pay €20 million in damages and US$10 million in costs to Croatian national electric company
An award rendered on December 17, 2015 by an arbitral tribunal constituted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) added a new—and apparently final—chapter to a nearly 20-year-old conflict between the governments of Croatia and Slovenia over the supply of electricity generated by the Krško Nuclear Power Plant (Krško NPP), located in Slovenia.
The only known investment treaty arbitration against Equatorial Guinea fails on jurisdictional grounds
A majority tribunal at the Additional Facility (AF) of the International Centre for Settlement of Investment Disputes (ICSID) dismissed the case of Spanish construction company Grupo Francisco Hernando Contreras, S.L. (Contreras Group) against Equatorial Guinea, in an award dated December 4, 2015.
ICSID tribunal orders Zimbabwe to return expropriated farms
In a 318-page award issued July 28, 2015 but only published February 2016, a tribunal at the International Centre for Settlement of Investment Disputes (ICSID) ordered Zimbabwe to return farms it seized without compensation in 2005.
ICSID tribunal dismisses final claim for compensation in relation to Hungary’s 2008 termination of power purchase agreement
Electrabel S.A. v. Republic of Hungary, ICSID Case No. ARB/07/1