energy

oil, gas, agrofuels

Australia: Coal and wind interests power ISDS threats against Australia
APR Energy PLC and Nucoal have been making noise about bringing investor-state claims against Australia
Three new bill supplements related to natural wealth and resources passed in Tanzania
A number of the provisions of the new legislation are inconsistent with the protections afforded to qualifying investors under agreements such as bilateral investment treaties.
U.S. appeals court blocks Exxon from enforcing Venezuela arbitration award
A U.S. appeals court said a lower court judge erred in entering a judgment to enforce the $1.6-billion award, since reduced to about $188-million.
Reforms open Mexico’s oil and gas to investor rush… and here comes NAFTA
The rush on Mexico’s undeveloped oil and gas reserves comes just as Donald Trump has initiated a process to re-negotiate the North-American Free Trade Agreement (NAFTA).
Paris court confirms invalidation of seizing Russian space agency accounts in Yukos case
Yukos, once Russia’s largest oil major, was accused of tax crimes and declared a bankrupt by a Russian court ruling in 2006 while its assets were sold at auctions during the liquidation procedure.
World Bank unit starts Malampaya arbitration
The ICSID designated the team that will hear Shell Philippines Exploration B.V.’s arbitration case against the Philippine government on Malampaya gas project’s corporate income tax issue.
Expansion of the Energy Charter to Africa and Asia: Undoing reform in international investment law?
The Energy Charter Secretariat is in expansion mode, wanting to gain access to energy resources in Africa and Asia for its current—mostly developed country—members, and extending a far-reaching (and outdated) investment protection system to investments in resource-rich countries.
Chevron Corp. wins court battle against Ecuadorian villagers
Chevron is victorious after the Supreme Court declined to hear a case made against the company by a NY lawyer representing Ecuadorian villagers.
Cairn tax dispute: I-T dept confiscates dividend, refund
The Income Tax Department has ordered coercive action against Cairn Energy of UK, including taking away over Rs 2,000 crore dividend and tax refund, to recover part of the Rs 10,247 crore retrospective tax.
Foreign control and ICSID jurisdiction on Energy Charter Treaty claims of local companies: The Eskosol case
The ICSID tribunal in Eskosol in liquidazione v. Italy rejected Italy’s Rule 41.5 application to have the claim thrown out for being “manifestly without legal merit.” I offer a summary and some reflections on two interesting aspects on the tribunal’s jurisdiction.