Expropiación

ITN  |  marzo 27, 2009

Tribunal deniega alegato de necesidad en laudo recientemente publicado: National Grid p.l.c. c. República Argentina

Por Elizabeth Whitsitt 2 de Marzo, 2009 En un laudo recientemente publicado, un tribunal constituido conforme a una solicitud de arbitraje bajo las reglas de arbitraje de la Comisión de Naciones Unidas para el Derecho Mercantil Internacional (CNUDMI) encontró culpable a la República Argentina por los daños infringidos a National Grid p.l.c. por un total […]

ITN  |  marzo 23, 2009

South African court judgment bolsters expropriation charge over Black Economic Empowerment legislation in the mining sector

By Damon Vis-Dunbar 23 March 2009 A South African judicial ruling has opened the door for two plaintiffs to seek compensation for alleged expropriation of their mineral rights, in a case that echoes the complaints made by European investors in a pending international arbitration against South Africa under bilateral investment treaties. The judgment* comes in response […]

Tribunal rebuffs defense of necessity in recently published award: National Grid p.l.c. v. Argentine Republic

By Elizabeth Whitsitt 2 March 2009 In a recently published award, a tribunal convened pursuant to a request for arbitration under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) found the Argentine Republic liable to the British firm National Grid p.l.c. for damages totaling more than US$53 million. The dispute, […]

ITN  |  febrero 23, 2009

ICSID registers claim by Spanish investor against Argentina over airline dispute

By Fernando Cabrera Diaz 20 February 2009 The Spanish investor Grupo Marsans is behind a claim against Argentina registered by the International Centre for Settlement of Investment Disputes on 30 January 2009. A spokesperson for the Madrid-based Grupo Marsans, Angel Del Rio, said his company had launched those proceedings through a holding company, Teinver S.A, […]

ITN  |  febrero 4, 2009

Bolivian voters approve new constitution as government continues to nationalize oil assets

By Fernando Cabrera Diaz 4 February 2009 Bolivian President Evo Morales has claimed victory in the 25 January 2009 national referendum on a new constitution for the Andean nation.  The constitution passed just days after the Bolivian leader announced his government was finally taking control of the Chaco Petroleum Company, as part of the ongoing […]

ITN  |  enero 29, 2009

Parties file memorials in long-running NAFTA dispute over U.S. tobacco settlements; Canada intervenes with opinion on customary international law related to aboriginal rights

By Fernando Cabrera and Damon Vis-Dunbar 29 January 2009 The Canadian tobacco manufacturer Grand River Enterprises Six Nations and the United State have filed memorials in a long-running NAFTA Chapter 11 dispute.  The arbitration proceedings, which began in April of 2004, have been delayed several times due to challenges to jurisdiction and to one of […]

ITN  |  noviembre 30, 2008

Argentina moves to expropriate airline under threat of US$1 Billion arbitration claim

By Fernando Cabrera Diaz 30 November 2008 The government of Argentina is driving ahead with its plan to expropriate the country’s largest airline from its Spanish owners in the face of a threatened US$1 billion arbitration claim. The Madrid-based Grupo Marsans had agreed to sell the troubled Aerolineas Argentinas to the government in July, but […]

Laudos  |  noviembre 28, 2008

Algeria prevails in dispute with Italian construction firms

By Suzy H. Nikiéma 28 November 2008 In a 12 November 2008 final award, an ICSID tribunal has dismissed all claims by two Italian investors, L.E.S.I S.p.A. and ASTALI S.p.A, in a dispute with the government of Algeria over a failed contract to construct a hydraulic dam. While the contract with the National Agency for […]

ITN  |  noviembre 13, 2008

Disgruntled fishing outfitters put Canada on notice

By Damon Vis-Dunbar 13 November 2008 The Canadian government has been sent two letters from outdoor tour companies signaling intent to sue for alleged breaches of the North American Free Trade Agreement. Both outfitters complain that their businesses suffered when the Province of Quebec changed the rules for distributing fishing licenses. The two businesses led […]

ITN  |  octubre 28, 2008

Société Générale passes jurisdictional hurdle in dispute with Dominican Republic; controversy erupts over press release

By Fernando Diaz Cabrera 28 October 2008 Lawyers for the Dominican Republic have accused a subsidiary of the French financial services company Société Générale of breaking confidentiality rules in an ad-hoc arbitration when it issued a press release announcing that the tribunal had ruled in its favour by rejecting the Dominican Republic’s objections to jurisdiction. […]

ITN  |  octubre 23, 2008

Chemical company warns Canada of a potential lawsuit over pesticide ban

By Damon Vis-Dunbar 23 October 2008 One of the world’s largest chemical manufacturers may sue the Canadian government over the ban of a lawn pesticide in the Province of Quebec. The Canadian government revealed on 21 October that, some two months earlier, it was served with a “Notice of Intent” by Dow AgroSciences LLC, a […]

ITN  |  septiembre 30, 2008

Dominican Republic target of potential treaty claims in toll road dispute

By Fernando Cabrera Diaz 30 September 2008 The Dominican Republic faces two possible treaty claims in a dispute with a consortium it hired to extend and operate an important highway connecting the capital with the eastern part of the island. The dispute centres on a 2001 concession contract signed between the Concesionaria Dominicana de Autopistas […]

ITN  |  septiembre 24, 2008

US investor threatens arbitration over investments in Canadian health-care sector

By Damon Vis-Dunbar 24 September 2008 An American businessman has revived long-held suspicions that the North American Free Trade Agreement’s investment chapter may hinder Canada’s ability to regulate its public health-care system. In a letter sent to the Canadian government in July 2008—a so-called Notice of Intent—Melvin J. Howard accuses provincial authorities of putting up […]

Laudos  |  septiembre 10, 2008

Continental Casualty Company v. the Argentine Republic: Argentina emerges largely victorious in dispute related to country’s financial crisis

By Damon Vis-Dunbar September 10, 2008 In an award rendered on September 5, 2008, an arbitral tribunal has dismissed all but one of the claims brought by an American investor, Continental Casualty, against the government of Argentina. Argentina was found liable for damages of US$ 2.8 million plus interest: a fraction of the US$ 112 […]