October 2007
In this issue: Hearings on the merits commence in Zimbabwe arbitration with Dutch farmers; Argentina and UK firm send arbitrator-challenge to venue where reasons are provided; Czech Gov’t seeks to annul jurisdiction ruling in UNCITRAL broadcasting dispute; Vivendi-Poland UNCITRAL arbitration goes forward quietly as tribunal is constituted; European treaty may revive debate over power to conclude investment agreements; Peru-US trade and investment pact moving towards approval by US Senate and House; ICSID tribunal rejects Enron’s request for post-award interest.
In this issue: Argentina and its defence of necessity in the face of financial crisis claims; Argentina must respect award despite ICSID finding that it has errors of law; Argentina liable for breaches of US-Argentina BIT in claim by US gas co. Sempra; latest award to be rendered in spate of financial crisis claims by foreign investors; UK salvaging firm moves to annul ICSID award: Arbitrator had denied jurisdiction due to contract not making significant contribution to Malaysia economic development; ANALYSIS: Tribunals differ as to whether ICSID system imposes its own (more stringent) definition of « investment »; New arbitrator appointed in Menatep-Russia arbitration over Yukos oil corp; Texans turn to Ontario Court in effort to overturn unfavourable NAFTA ruling in water dispute with Mexico: arbitrators had insisted on need for cross-border investments; Colombian court upholds constitutionality of BIT with Spain; Ecuador reportedly wants oil and mining disputes barred from ICSID; Costa Ricans narrowly vote in favour of CAFTA-DR pact with United States; Canada seeks comments on initial enviro assessment of Korea FTA.