TJE

ITN  |  octubre 1, 2009

Chevron launches investment-treaty claim against Ecuador

By Damon Vis-Dunbar 2 October 2009 Correction: The original headline in this article stated that Chevron Corporation alleges a denial of justice on the part of Ecuador. Chevron explains that this is incorrect. While Chevron claims that Ecuador “abuses the criminal justice system”, its notice of arbitration does not assert a denial of justice. The world’s second […]

ITN  |  septiembre 30, 2009

Claim by Turkish investor against Pakistan over highway project dismissed on the merits

By Damon Vis-Dunbar 2 October 2009 A claim by a Turkish investor against Pakistan has been dismissed on its merits after the Tribunal concluded that Pakistani government officials did not conspire in bad faith to expel the investor. The Claimant, Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. was contracted to build a six-lane motorway between […]

ITN  |  septiembre 29, 2009

Claim by Cargill leads to another loss for Mexico

By Elizabeth Whitsitt 2 October 2009 Mexico has suffered another loss in a series of investor-state arbitral disputes involving its sugar industry. While attempts have been made by Mexico to consolidate similar cases involving its sugar trade, such efforts have been unsuccessful resulting in a number of separate arbitral decisions. Most recently, a tribunal convened […]

ITN  |  julio 14, 2009

Glamis Gold Ltd. v. United States of America: Tribunal sets a high bar for establishing breach of “Fair and Equitable Treatment” under NAFTA

By Elizabeth Whitsitt and Damon Vis-Dunbar 15 July 2009 A protracted dispute between the United States of America and Glamis Gold Ltd., a Canadian gold mining company, was settled in June by an arbitral tribunal constituted under Chapter 11 of NAFTA. In a unanimous 355-page decision, the Tribunal dismissed Glamis’ claims that the US expropriated […]

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 28, 2008

Indian lawyer pursues claim against the United Kingdom under the India-UK BIT

By Damon Vis-Dunbar 28 November 2008 An English court case reveals that an Indian citizen is quietly pursuing an investment-treaty claim against the United Kingdom under the India-UK bilateral investment treaty. Ashok Sancheti, a London-based lawyer of Indian nationality, brought the UK to arbitration in 2006 under the 1995 BIT. This is the only pending investment-treaty […]

Laudos  |  noviembre 17, 2008

Belgium dredging companies fail in arbitration against Egypt

By Damon Vis-Dunbar 17 November 2008 The Egyptian government has deflected a US$ 80 million dollar claim by two companies hired to dredge the Suez Canal. Jan de Nul N.V. and Dredging International, both incorporated in Belgium, won a bid to dredge sections of the Suez Canal 1992, a job they completed some three years […]

ITN  |  octubre 29, 2008

Canadian investors sue Costa Rica alleging failure to protect their farm

By Fernando Cabrera Diaz and Damon Vis-Dunbar 29 October 2008 A tribunal has been constituted in an arbitration that pits a group of Canadian investors against the government of Costa Rica. The claimants—Vancouver-based Quadrant Pacific Growth Fund L.P. and Conasco Holdings Inc—allege that Costa Rican authorities failed to protect their orange plantations from peasants who […]

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 22, 2008

Ecuador hallado culpable por violación de contratos de compraventa de energía eléctrica y tratado de inversión

Por Damon Vis-Dunbar 29 de Agosto de 2008 El proveedor de electricidad Electroquil SA fue otorgado US$ 5.578.566 más intereses producto de varias violaciones de contratos de compraventa de energía eléctrica (en inglés, PPAs) respaldados por el gobierno de Ecuador. Si bien Ecuador también fue encontrado culpable por haber infringido el tratado bilateral de inversiones […]

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 […]

Laudos  |  agosto 29, 2008

Duke Energy Electroquil Partners and Electroquil SA v Ecuador: Ecuador found liable for breaches of power purchase agreements and investment treaty

By Damon Vis-Dunbar 29 August 2008 The electricity provider Electroquil SA has been awarded US$ 5,578,566 plus interest stemming from several breaches of power purchase agreements (PPAs) backed by the government of Ecuador. While Ecuador was also found to have breached the Ecuador-US bilateral investment treaty, those violations did not result in additional monetary damages. […]