investor-state disputes | ISDS


Carlyle vs. Morocco: Here are the Kingdom’s arguments to ICSID
For the Kingdom, Carlyle did not justify the existence of investments in Morocco. The American group invokes the Morocco-United States free trade agreement while the contracts with Samir concern entities based in the Cayman Islands.
Mauritius: Arbitration proceedings between Thomas Gosling and others - All claims dismissed
The case concerns a dispute submitted to the International Centre for Settlement of Investment Disputes (ICSID) on the basis of the UK-Mauritius BIT.
Naftogaz seeks nearly $8 bln for assets expropriated by Russia in Crimea
Ukraine’s joint stock oil and gas company Naftogaz said the group seeks nearly $8 billion of compensation for its assets expropriated by Russia in Crimea.
Arbitration case law update: Supreme Court lifts stay on enforcement of ICSID award: the Micula saga continues
This is far from the end of the Micula story. Enforcement proceedings continue in the United States, France, Belgium, Luxembourg and Sweden, and there are questions before the CJEU.
Exclusive: Chinese consortium Ecuagoldmining opens dispute with Ecuador over halted mine
Chinese mining consortium Ecuagoldmining has initiated a dispute with Ecuador’s government over a gold mining project that has been halted by objections from community activists.
Provisional application of the Energy Charter Treaty: Article 45(1) “Limitation Clause”
When it issued three interim awards for Yukos, the arbitral tribunal noted that the principle of provisional application of treaties was recognized under Russian law.
New arbitration between Renco Group and Peru at the PCA
The arbitration between the US mining company Renco Group and Peru in relation to the metallurgical deposit in La Oroya was reopened, at the request of the mining company.
UNCITRAL and ISDS reform: Plausible folk theories
As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward.
Court reinstates order for Russia to pay $50 bln over Yukos
A Dutch appeals court reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos.
ExxonMobil, Canada enter landmark settlement in NAFTA arbitration
As a long-running dispute between Exxon Mobil Corp. and the government of Canada reached a multimillion-dollar settlement, lawyers for ExxonMobil announced.