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ICSID


Bear Creek Mining Corporation v. Republic of Peru (ICSID Case No. ARB/14/21) – public hearing
​A hearing on jurisdiction and the merits in the case will be transmitted live via internet feed from 7-14 September 2016.
Protecting the government in investor-state dispute
The Indonesian government is currently reviewing all its international investment treaties after previously having terminated 20 bilateral investment treaties (BIT).
Forum shopping in the execution of ICSID awards: is it time to revive the UN convention on state immunity?
By virtue of the ICSID Convention awards are automatically enforceable. But enforcement of an award is only half of the equation; award holders must also navigate the separate, but equally important, task of executing the award.
Costa Rica’s request to terminate Infinito Gold’s ICSID claim: brief reflections
On 24 July 2015, Costa Rica requested the termination of the arbitral proceedings that the Canadian Mining company, Infinito Gold filed with the Centre for the Settlement of Disputes between Foreign Investors and States.
Investment treaty claims by dual nationals
In recent years, a new type of claim has been emerging in the field of investment treaty arbitration, whereby investors initiate proceedings against their own state before an international arbitration tribunal.
South America forms alternative to free trade kangaroo courts
Experts from UNASUR met in the Uruguayan capital Montevideo in order to finalize and sign agreements regarding the proposed center for investigation of international settlement dispute cases.
The ICSID Convention enters into force in Iraq
The ICSID Convention entered into force in Iraq on 17 December 2015. This comes after Iraq signed the ICSID Convention and deposited its instrument of ratification on 17 November 2015 to become the Convention’s 160th signatory State.
Rafael Correa announces that Ecuador will assume Oxy’s “liabilities”
President Rafael Correa announced that Ecuador has reached a payment plan with the US oil company, Occidental (Oxy)
Abertis hauls Argentina’s new government before the World Bank on account of two motorways
Abertis has hauled Argentina’s Attorney General’s Treasury Office before the World Bank’s Arbitration Dispute Settlement body (known as ICSID) for freezing tariffs applied to two concessions for motorways controlled by the Spanish company in Argentina.
Investment accords - conceptual & procedural contentions
Particular issues and procedures in investment treaties have proved especially contentious at both conceptual and practical levels.
Gov’t accuses Marsans group of ’selling’ ICSID lawsuit to vulture fund
Litigation finance treats litigation claims as financeable assets, just like real estate or receivables
Congo Airways Airbus stuck at Dublin - Kinshasa alludes to «vulture fund subterfuge»
Pursuant to the ruling of an Irish court, Airbus A320 of Congo Airways, RDC’s new national airline company, is blocked at Dublin airport. The Congolese authorities are not excluding the hypothesis of “vulture fund subterfuge”.
Reko Diq arbitration: Can there be a settlement?
We have been hearing news of the Pakistan government’s efforts to reach a settlement with the Tethyan Copper Company (TCC) in connection with the Reko Diq matter involving copper and gold reserves worth billions of dollars.
Analysis of foreign investment protection in Senegal’s bilateral investment treaties
Is Senegal providing a disproportionate level of protection to foreign investors through BITs?
El Salvador: “Arbitration with Pacific Rim has cost the State $12.6 million”
Luis Parada, a lawyer with the law firm Foley Hoag, is optimistic that the company, Pacific Rim, will not prevail in the proceedings.
Analysis: OceanaGold vs El Salvador: Foreshadowing ’trade’ under the TPP?
The Central American country of El Salvador could be forced to pay US$301 million to Canadian-Australian mining multinational OceanaGold as the two face off in a World Bank investor-state tribunal with proven tendency to favor corporate interests over arguments for protecting national sovereignty, the environment, and human rights.
Singapore breaks new ground as arbitration hub
The International Centre for Settlement of Investment Disputes hears its first case outside of US, France
First hearing opens over Lone Star asset sell-offs in Korea
An international tribunal began hearing a multi-billion dollar case Friday that the US private equity firm Lone Star filed against South Korea’s government over tax and other disputes surrounding its asset sell-offs in Korea.
Transparency in investor-state arbitration
The UN Convention on Transparency in Treaty-Based Investor-State Arbitration has been opened for signature.
Socialising losses, privatising gains: How Dutch investment treaties harm the public interest
This paper shows how (the threat of) lawsuits taken to the International Centre for Settlement of Investment Disputes and other fora, using Dutch BITs, have effectively blocked policymaking in the public interest for development in host countries.