Jurisdiction

Awards  |  September 19, 2019

Clorox’s claims against Venezuela are dismissed on jurisdiction for lack of “action of investing”

Clorox Spain S.L. v. Bolivarian Republic of Venezuela, PCA Case No. 2015-30

Awards  |  September 19, 2019

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

Claims against Albania dismissed by ICSID tribunal as the Anglo-Adriatic Group did not have a protected investment

ANGLO-ADRIATIC GROUP LIMITED V. REPUBLIC OF ALBANIA, ICSID CASE NO. ARB/17/6

ICSID tribunal upholds Panama’s plea of illegality in the making of an investment in a tourism project located in an Indigenous area

ÁLVAREZ Y MARÍN CORPORACIÓN S.A., BARTUS VAN NOORDENNE, CORNELIS WILLEM VAN NOORDENNE, ESTUDIOS TRIBUTARIOS AP S.A. AND STICHTING ADMINISTRATIEKANTOOR ANBADI V. REPUBLIC OF PANAMA, ICSID CASE NO. ARB/15/14

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

ITN  |  October 18, 2018

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 website on October 18, 2018. Read more here.) Award available at https://www.italaw.com/sites/default/files/case-documents/ita0095.pdf Keywords Amicus curiae, causation, damages, definition of “investment,” expropriation, fair and equitable treatment, jurisdiction, […]

ITN  |  October 18, 2018

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 this website on October 18, 2018. Read more here.) Awards available at https://www.italaw.com/sites/default/files/case-documents/ita0180.pdf (CME), https://www.italaw.com/sites/default/files/case-documents/ita0451.pdf (Lauder) Keywords Abuse of process, actionable measures, arbitrary and discriminatory conduct, broad dispute […]

ITN  |  October 18, 2018

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 October 18, 2018. Read more here.) Decisions and award available at https://www.italaw.com/cases/288 Keywords Fair and equitable treatment, jurisdiction, minority shareholders, multiple/parallel proceedings, necessity defence, standard for […]

ITN  |  October 18, 2018

Parkerings v. Lithuania

Parkerings–Compagniet AS v. Republic of Lithuania, ICSID Case No. ARB/05/8 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. Read more here.) Award available at https://www.italaw.com/cases/812 Keywords Broad dispute resolution provision, cultural measures, due diligence, environmental measures, exhaustion of remedies, expropriation, fair and equitable treatment, good […]

ITN  |  October 18, 2018

Phoenix v. Czech Republic

Phoenix Action Ltd. v. Czech Republic, ICSID Case No. ARB/06/5 (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. Read more here.) Award available at https://www.italaw.com/cases/850 Keywords Abuse of process, definition of “investment,” good faith, investor obligations, jurisdiction, “Salini” test Key dates Request for Arbitration: […]

ITN  |  October 18, 2018

SGS v. Pakistan

SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan, ICSID Case No. ARB/01/13 (Decision on Objections to Jurisdiction) (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. Read more here.) Decision available at https://www.italaw.com/cases/1009 Keywords Contractual forum selection clause, definition of “investment,” “fork-in-the-road” clause, […]

ITN  |  October 18, 2018

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; republished on this website on October 18, 2018. Read more here.) Decisions and awards available at https://www.italaw.com/cases/309 Keywords Arbitrator independence, attribution, broad dispute resolution clause, contractual forum […]

ITN  |  October 18, 2018

SGS v. Philippines

SGS Société Générale de Surveillance S.A. v. Republic of the Philippines, ICSID Case No. ARB/02/6 (Decision on Objections to Jurisdiction and Separate Declaration) (Originally published in 2011 in International Investment Law and Sustainable Development: Key cases from 2000–2010; republished on this website on October 18, 2018. Read more here.) Decision available at https://www.italaw.com/cases/1018 Keywords Broad dispute resolution provision, contractual forum […]

Kosovo’s jurisdictional objections prevail against claims of German investor

ACP AXOS CAPITAL GMBH V. REPUBLIC OF KOSOVO, ICSID CASE NO. ARB/15/22

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

ICSID tribunal declines jurisdiction: Timor-Leste never consented to ICSID arbitration

Lighthouse Corporation Pty Ltd and Lighthouse Corporation Ltd, IBC v. Democratic Republic of Timor-Leste, ICSID Case No. ARB/15/2

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

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.

Awards  |  September 26, 2017

An ICSID tribunal dismisses its jurisdiction as investor abused its rights by “reviving” a company to access arbitration against Cameroon

Capital Financial Holdings Luxembourg SA v. Republic of Cameroon, ICSID Case No. ARB/15/18

Awards  |  September 26, 2017

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 dismisses the second known case against China in a summary proceeding

Ansung Housing Co., Ltd. v. People’s Republic of China, ICSID Case No. ARB/14/25

News  |  February 29, 2016

Philip Morris fails in PCA arbitration against Australia over plain packaging laws

On December 17, 2015, a tribunal at the Permanent Court of Arbitration (PCA) issued its jurisdictional award in the case of tobacco giant Philip Morris against Australia over the country’s tobacco plain packaging legislation.

Awards  |  February 29, 2016

ICSID tribunal declines jurisdiction in case against Macedonia and orders investor to reimburse 80% of Macedonia’s legal fees and expenses

Guardian Fiduciary Trust Ltd, f/k/a Capital Conservator Savings & Loan Ltd v. Former Yugoslav Republic of Macedonia, ICSID Case No. ARB/12/31

Government bonds not covered, despite broad definition of “investment” in Slovakia–Greece BIT; tribunal dismisses claims against Greece

Poštová Banka, a.s. and Istrokapital SE v. The Hellenic Republic, ICSID Case No. ARB/13/8

Looking to Venezuela’s Investment Law, majority finds that Venoklim was not a foreign investor and dismisses case against Venezuela; claimant-appointed arbitrator dissents

Venoklim Holding B.V. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/12/22

ITN  |  January 12, 2010

An ICSID Tribunal splits over whether to hear ancillary claims in dispute over unpaid gas deliveries

By Elizabeth Whitsitt January 13, 2010 In a split decision, an ICSID tribunal has refused to hear ancillary claims advanced by American company, Itera International Energy LLC (Itera), and its Dutch parent, Itera Group NV (IGNV). Itera and IGNV commenced ICSID arbitral proceedings against Georgia in June 2008, broadly asserting violations of the US-Georgia BIT […]