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ICSID: How impartial is the main BIT arbitration forum of Bangladesh?
The very operational narratives of ICSID arbitrators inculcate an inherent bias towards foreign investors, who are overwhelmingly from European and North America.
Inconsistency’s many forms in investor-state dispute settlement and implications for reform
New briefing explores potential sources of inconsistency in ISDS, from divergent interpretations of provisions to decisions inconsistent with societal objectives, and the way forward.
Ukraine: Enforceability of emergency arbitral awards (JKX Oil & Gas PLC v. Ukraine)
The Ukrainian Supreme Court refused recognition and enforcement of the emergency award in Ukraine, based on the grounds that enforcement of the emergency award would be contrary to the public policy of Ukraine
Government negotiations to bring down Egypt’s $2bn fine for Unión Fenosa
Compensation of partners to stop pumping of gas to Damietta LNG Plant with part of revenue.
Westwater announces acceptance of its request for arbitration
At issue is Turkey’s taking of Westwater’s Temrezli and Şefaatli uranium projects in June 2018.
A wind of change! Tanzania’s attitude towards foreign investors and international arbitration
Since 2017, the country has shown a hostile attitude towards international arbitration.
IP licence, trademarks and ISDS: Bridgestone v. Panama
Can an intellectual property right or a license authorizing its use be deemed an ‘investment’ under bilateral investment treaties?
MOL unexpectedly withdraws lawsuit against Croatia in INA case
Many see the withdrawal of the lawsuit as a tactical move whereby MOL wants to additionally strengthen its position in ongoing arbitration proceedings it launched in Washington in 2013.
Swiss court ruling leaves ghost of Antrix-Devas to haunt India
India may have to pay hundreds of millions of dollars in damages to Deutsche Telekom over the manner in which it cancelled a satellite communications contract in 2011.
Citgo settlement falters, auction plan resurfaces
Former Canadian mining company Crystallex has resumed efforts to auction shares of Venezuelan-controlled US refiner Citgo and accused Caracas of breaching an earlier settlement to stave off the sale.