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The English court sets aside a Tribunal’s findings of lack of jurisdiction under a BIT
The English High Court has set aside parts of an award concerning claims brought by Griffin against Poland; Poland has reserved the right to argue the compatibility of the BIT with EU law.
Final hearing in Cairn Energy tax issue in August
Under international arbitration proceedings the final hearing of Cairn’s claim under the UK-India Bilateral Investment Treaty is scheduled for August 2018 in The Hague.
Banks line up behind British government in EU trade battle
Banks and insurers lined up to back the British government’s demand that a future trade deal with the European Union must include financial services, putting them on a collision course with Brussels.
France rules out UK bid to include banks in EU trade deal
French Economy Minister rejects financial services to be part of a free-trade deal with the European Union after Brexit.
Solar wars: Part IV - The Eiser award was not a rogue one
The tribunal found that Novenergia’s investments were achieving a reasonable rate of return. However, the tribunal held that it was sufficient for the claim to succeed that Novenergia could show “quantifiable prejudice” compared with its position when it initially made its investment.
Solar wars: Part III - Return of the European Commission
On 26 December 2017, the Commission published its decision that attacked the ECT claims brought by investors against Spain (and other EU states).
Solar wars: Part II – The states strike back
One tribunal could interpret the effect of legislative provisions differently to another. So while Eiser opens up the prospect of more claims, Blusun may narrow the basis for claims.
Solar wars: Part I – A new hope for investors?
With the global financial crisis, solar power incentives schemes became unbearably costly and Spain repealed those incentives. Consequently, many investors brought arbitration claims under the Energy Charter Treaty.
How international investment agreements have made debt restructuring even more difficult and costly
Inconsistencies and even contradictions have emerged in dispute settlement decisions, sometimes at the expense of public good, sovereignty and financial and economic stability.
Congolese mines minister mum on whether controversial new code has been made law
International mining companies, which include Randgold, Glencore and China Molybdenum, have said they will challenge the new law through international arbitration, and are lobbying Kabila not to sign it.