Substantial damages awarded to Perenco for FET breach and expropriation; Ecuador also awarded compensation under environmental counterclaim
Perenco Ecuador Limited v. Republic of Ecuador, ICSID Case No. ARB/08/6
Expropriation
Laos prevails in defending its first known treaty-based ISDS cases
Lao Holdings N.V. v. Lao People’s Democratic Republic, ICSID Case No. ARB(AF)/12/6, and Sanum Investments Limited v. Lao People’s Democratic Republic, UNCITRAL, PCA Case No. 2013-13
Tribunal finds Pakistan breached FET, expropriation and non-impairment obligations in the context of a mining joint venture with Australian investor Tethyan Copper Company
Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan, ICSID Case No. ARB/12/1
In yet another renewable energy case, Spain held liable for FET breach for frustrating French and Luxembourger investors’ legitimate expectations under the ECT
Cube Infrastructure Fund SICAV and Others v. The Kingdom of Spain, ICSID Case No. ARB/15/20
Judgment C-252 of 2019 of the Constitutional Court of Colombia: Change of precedent on the control of BITs
Judgment C-252 of the Constitutional Court of Colombia,[1] on the constitutionality of the Colombia–France BIT,[2] has aroused interest[3] for being the response of the constitutional judge to the way in which foreign investment protection clauses are incorporated into domestic law.
Spain held liable for breach of FET under the ECT for frustrating legitimate expectations of 9REN, a Luxembourg-based renewable energy investor
REN Holding S.À.R.L. v. The Kingdom of Spain, ICSID Case No. ARB/15/15
Jurisdiction declined in case against Uruguay as ICSID tribunal concludes that American company lacked ownership or control over the investment
Italba Corporation v. Oriental Republic of Uruguay, ICSID Case No. ARB/16/9
SCC tribunal finds Poland liable for expropriation over divestment order to Luxembourg investor
PL HOLDINGS S.À.R.L. V. REPUBLIC OF POLAND (SCC CASE NO. V2014/163)
Investors’ legitimate expectation claims against Italy dismissed due to the absence of specific commitments
BLUSUN S.A., JEAN-PIERRE LECORCIER AND MICHAEL STEIN V. ITALIAN REPUBLIC, ICSID CASE NO. ARB/14/3
ICSID tribunal constituted by virtue of an MFN clause holds Turkmenistan liable for FET breach for requiring investors to produce “smeta,” a cost estimate required by Turkmen law
GARANTI KOZA LLP V. TURKMENISTAN, ICSID CASE NO. ARB/11/20
ICSID tribunal awards ConocoPhillips USD 8.7 billion plus interest in dispute with Venezuela
CONOCOPHILLIPS PETROZUATA B.V., CONOCOPHILLIPS HAMACA B.V., CONOCOPHILLIPS GULF OF PARIA B.V. AND CONOCOPHILLIPS COMPANY V. THE BOLIVARIAN REPUBLIC OF VENEZUELA, ICSID CASE NO. ARB/07/30
Venezuela survives ICSID claims of expropriation and FET by Anglo American
ANGLO AMERICAN PLC V. BOLIVARIAN REPUBLIC OF VENEZUELA, ICSID CASE NO. ARB(AF)/14/1
Tribunal finds expropriation of investment by Bolivia due to non-payment of compensation but awards only sunk costs to British investor
SOUTH AMERICAN SILVER LIMITED (BERMUDA) V. THE PLURINATIONAL STATE OF BOLIVIA, PCA CASE NO. 2013-15
Cyprus legitimately exercised its police powers, defeats ICSID claims by Greek bankers
MARFIN INVESTMENT GROUP HOLDINGS S.A., ALEXANDROS BAKATSELOS AND OTHERS V. REPUBLIC OF CYPRUS, ICSID CASE NO. ARB/13/27
Cyprus fends off SCC expropriation claim by Polish investors over bank bail-in measures
TOMASZ CZĘŚCIK AND ROBERT ALEKSANDROWICZ V. CYPRUS, SCC CASE NO. V 2014/169
ICSID tribunal finds Hungary in breach of expropriation clause in France–Hungary BIT
UP AND C.D. HOLDING INTERNATIONALE V. HUNGARY, ICSID CASE NO. ARB/13/35
ICSID tribunal accepts jurisdiction over investor’s claim under United Kingdom–Czechia BIT but rules in favour of Czechia
A11Y LTD V. CZECH REPUBLIC, ICSID CASE NO. UNCT/15/1
Biwater v. Tanzania
Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania, ICSID Case No. ARB/05/22 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this […]
CME v. Czech Republic, Lauder v. Czech Republic
CME Czech Republic B.V. v. Czech Republic, UNCITRAL Ronald S. Lauder v. Czech Republic, UNCITRAL (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on […]
Continental Casualty v. Argentina
Continental Casualty Co. v. Republic of Argentina, ICSID Case No. ARB/03/9 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October […]
Methanex v. United States
Methanex Corp. v. United States of America, UNCITRAL (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. […]
Siemens v. Argentina
Siemens A.G. v. Republic of Argentina, ICSID Case No. ARB/02/8 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October […]
Vivendi v. Argentina
Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. v. Republic of Argentina, ICSID Case No. ARB/97/3 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; […]
Glamis v. United States
Glamis Gold Ltd. v. United States of America (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. […]
Metalclad v. Mexico
Metalclad Corp. v. United Mexican States, ICSID Case No. ARB(AF)/97/1 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, […]
Philip Morris v. Uruguay
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 (Published in 2018 in International Investment Law and Sustainable Development: Key […]
ICSID tribunal finds Croatia in breach of expropriation obligations under Austria–Croatia BIT
GEORG GAVRILOVIĆ AND GAVRILOVIĆ D.O.O. V. REPUBLIC OF CROATIA, ICSID CASE. NO. ARB/12/39
Cypriot investor awarded EUR 18 million for expropriation and violation of national treatment and FET
OLIN HOLDINGS LIMITED V. STATE OF LIBYA, ICC CASE NO. 20355/MCP
PCA tribunal holds India liable for unlawful expropriation and FET breach under India–Mauritius BIPA
CC/DEVAS (MAURITIUS) LTD., DEVAS EMPLOYEES MAURITIUS PRIVATE LIMITED., AND TELCOM DEVAS MAURITIUS LIMITED V. THE REPUBLIC OF INDIA, PCA CASE NO. 2013-09
UNCITRAL tribunal declines jurisdiction as France–Mauritius BIT does not apply to dual national investor
DAWOOD RAWAT V. THE REPUBLIC OF MAURITIUS, PCA CASE 2016-20
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
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
A Look into China’s Slowly Increasing Appearance in ISDS Cases
China has sustained robust inbound and outbound flows of foreign direct investment and expanded its web of investment treaties. This note sheds light on the country’s appearance in investment treaty cases in the past decade, either as home or host state.
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
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
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 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
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
Awards and Decisions
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 […]
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 […]
India’s Joint Interpretive Statement for BITs: An Attempt to Slay the Ghosts of the Past
The Government of India has proposed a Joint Interpretative Statement to its bilateral investment treaty (BIT) partners. The statement clarifies key substantive and procedural provisions, bringing them more in line with India’s new foreign investment policy.
Awards and Decisions
Venezuela to Pay Us$1 Billion For Expropriating Canadian Mining Company’s Investment
ICSID Tribunal dismisses MFN Clause in WTO GATS as a means of importing Senegal’s consent to arbitration from third party BIT
PCA tribunal deemed acts of Polish Agricultural Property Agency not attributable to Poland
Claimant not considered Investor due to interpretation of “Seat” under Cyprus–Montenegro BIT
Ecuador’s Levy on extraordinary oil profits at a 99% rate has breached Murphy’s legitimate expectations, decides PCA tribunal
Ecuador ordered by PCA tribunal to pay $24 million to Canadian Mining Company
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