CMS v. Argentina
CMS Gas Transmission Co. v. Republic of Argentina, ICSID Case No. ARB/01/8 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on […]
Annulment
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
UNASUR Centre for the Settlement of Investment Disputes: Comments on the Draft Constitutive Agreement
The future operation of the investment dispute settlement facility of the Union of South American Nations is likely to generate scepticism, as it could undermine international standards in favour of regional parameters and lead to increased instability in the region. Alternatively, it could enhance the legitimacy and popularity of ISDS mechanisms in UNASUR member states. What are the procedural and substantive novelties contained in the Draft Constitutive Agreement?
State Strategies for the Defence of Domestic Interests in Investor–State Arbitration
Argentina and Ecuador are now well experienced in ISDS and have had some success in defending domestic interests from investor claims. Lessons from these prior experiences could benefit other countries, particularly in the developing world, as they devise their legal defence strategies.
News in Brief
South Africa begins withdrawing from EU-member BITs South Africa has terminated its bilateral investment treaty with Belgium and Luxembourg, and intends to phase out other treaties with European countries. In […]
Awards and decisions
Georgia loses dispute with Greek and Israeli oil investors Ioannis Kardassopoulos and Ron Fuchs v. The Republic of Georgia (ICSID Case Nos. ARB/05/18 and ARB/07/15) Martin D. Brauch Two oil […]
Awards and Decisions
Argentina on the hook for breach of Fair and Equitable Treatment Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal v. Argentine Republic (ICSID Case No. ARB/03/19) Lise […]
Ad hoc committee confirms that Kazakhstan is on the hook for US$ 125 million
By Elizabeth Whitsitt April 8, 2010 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of the Republic of Kazakhstan. The former Soviet […]
ICSID finds that corruption has no place in annulment proceedings
By Elizabeth Whitsitt February 14, 2010 American businessman, Jack J. Grynberg, has suffered another setback in his company’s ongoing dispute with Grenada. Commenced in 2005, the ICSID claim was one […]
Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina
By Elizabeth Whitsitt January 13, 2010 An ad hoc committee composed of Dr. Gavan Griffith Q.C., Judge Patrick L. Robinson, and Judge Per Tresselt has decided to continue to stay […]
Very High Standard of Review for ICSID Annulment Applications Confirmed
By Elizabeth Whitsitt December 6, 2009 An ad hoc committee, established pursuant to the ICSID Arbitration Rules, has rejected the annulment application of two US power companies: M.C.I. Power Group, […]
Continental Casualty and Argentina will continue to battle over financial investments
By Elizabeth Whitsitt December 6, 2009 On October 23, 2009 an ad hoc committee, composed of Gavan Griffith Q.C., Judge Bloa A. Ajibola and Mr. Christer Söderlund, ruled that it […]
Ad Hoc Committee confirms Argentina is on the hook to Azurix for US$165 Million
By Elizabeth Whitsitt 2 October 2009 Marking a final setback for Argentina in its protracted dispute with US-based water services firm Azurix Corp, on 1 September 2009 an ad hoc […]
Malaysian Historical Salvors jurisdictional award annulled; committee split on question of economic development as criteria of ICSID investments
By Damon Vis-Dunbar 23 April 2009 The members of an ICSID committee hearing an annulment request in Malaysian Historical Salvors v. the Government of Malaysia have come to starkly different […]
Argentina ordered to place US$75 million in escrow pending annulment decision on Sempra award
By Fernando Cabrera Diaz 16 March 2009 An ad-hoc committee formed under the rules of the International Centre for Settlement of Investment Disputes (ICSID) has ordered Argentina to put up […]
Continental Casualty Company moves to annul award favourable to Argentina
By Damon Vis-Dunbar 16 January 2009 The Illinois-based Continental Casualty Company has moved to annul an ICSID award that was largely in favour of the Republic of Argentina. In a […]