ISDS Case Map
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The COVID-19 pandemic has led States to adopt various public health measures that adversely affect foreign investors and exacerbate broader economic issues. In this climate, there is significant potential for disputes under the ECT.
Investors nonetheless may be well advised to consider restructuring intra-EU investments through third countries to ensure treaty protection for the future.
Shareholders in the now defunct Russian oil giant Yukos have seized Netherlands-based assets of two well-known vodka brands controlled by the Russian state in their most recent legal move to obtain $57 billion in damages from Moscow.
The dispute for snow crabs in Svalbard may set the stage for another dispute concerning the abundant hydrocarbon reserves located in the same waters.
In recent years, observers have questioned whether investor–state arbitration will or should be a feature of the next generation of free trade and bilateral investment treaties.
The tribunal appointed by the ICSID has issued a procedural order that denies a request made by the Republic of Turkey to bifurcate the arbitration proceeding.
The Paris Court of Appeal has recently sought a preliminary ruling from the Court of Justice of the European Union on the interpretation of the Energy Charter Treaty in the ongoing Republic of Moldova v. Komstroy case.
The Tribunal upheld, by majority in a 2 to 1 decision, one jurisdictional objection by Spain and dismissed the claim on that basis.
E Energija received an award of EUR 3.1 million, following ICSID’s April 8 rejection of Latvia’s appeal for annulment of the tribunal’s 2018 award.
The tribunal granted Turkmenistan’s application for security for costs, ordering the claimant to post US$3 million in security as a condition to the continuation of the arbitration.
