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Indigenous peoples’ rights and large-scale development projects: Avoiding unexpected risks in the Americas
Indigenous populations often live in territories that are earmarked for construction projects, which may lead to inevitable friction with state governments and subsequently, developers and investors.
Interview with Nicolás M. Perrone: Investment treaties and the legal imagination
The unusual status of foreign investors in international law is no accident, but rather the result of a “world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s”.
Arbitral Tribunal enforces EUR 3.4 million for Latvia from Ukrainian businessman Kazmin
The ICSID in the case Eugene Kazmin v. Latvia issued its Award discontinuing the arbitration and ordering the Claimant, Ukrainian citizen Kazmin, to bear the costs of the proceeding.
Court upholds Philip Morris International group's appeal, cancels UAH 1.18 bln fine imposed by antimonopoly committee
The companies of the Philip Morris International group on December 21, 2020 filed a claim about bilateral investment arbitration against the government of Ukraine.
Kenya prevails in a geothermal arbitration brought by WalAm Energy— ICSID tribunal rejects all claimant allegations
An ICSID tribunal dismissed claims brought by WalAm Energy LCC over a geothermal project in the Republic of Kenya
UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities
A PCA tribunal dismissed India’s jurisdictional objections and found it in breach of the FET standard in the India–UK BIT in an arbitration under UNCITRAL rules initiated by Cairn Energy.
Oschadbank v. the Russian Federation
The Paris Court of appeal set aside the arbitral award issued in the dispute Oschadbank v. the Russian Federation, finding that the tribunal lacked temporal jurisdiction.
Tribunal to hear miner’s dispute against Tanzania
Indiana argues that expropriation of its nickel project breached the investment agreement signed by Tanzanian, British and the Northern Ireland governments.
Paris Court of Appeal finds PCA lacked power to intervene in OIC investor-state arbitration
The Paris Court of Appeal recently issued a noteworthy decision that will likely have a significant impact on the use of the OIC Agreement, one of the largest multilateral investment treaties.
International tribunal likely to wrap up Lone Star-Seoul ISD case by H1
According to sources related to the Lone Star ISD, the tribunal is expected to give a final ruling on Lone Star versus the Korean government case that has dragged on for nine years within the first half.