Tag Archives: UNCITRAL arbitration

Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing

A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from Monday, December 5, 2016 to Monday, December 12, 2016, excluding Saturday and Sunday, from 9:00 a.m. to … Continue reading

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Filed under Investment Arbitration, ISDS, News, Public International Law, The Americas, Video

Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance

Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the Latin American state’s refusal to comply with awards made by international investment treaty arbitration bodies. … Continue reading

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Filed under Americas, Investment Arbitration

Don’t count your chickens: tribunal refuses jurisdiction in final stages of UNCITRAL arbitration

In Ruby Roz Agricol and Kaseem Omar v Kazakhstan, UNCITRAL (Award on Jurisdiction) (1 August 2013), Ruby Roz Agricol LLP (Ruby Roz), a Kazakh company in the business of producing, breeding and marketing poultry for the Kazakh market, initiated UNCITRAL … Continue reading

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Filed under Investment Arbitration

Further steps given by Ecuador to terminate its bilateral investment treaty with the USA

On 6 March 2013, Ecuador’s President, Mr Rafael Correa, requested that Ecuador’s legislature (the National Assembly) approve the denunciation of the bilateral investment treaty (BIT) between the USA and Ecuador (the Treaty).  This is a further testament to the Government … Continue reading

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Filed under Americas, Investment Arbitration

OIC investment treaty – investor protection in the Islamic world

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment.  Structuring investments … Continue reading

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Filed under Investment Arbitration, Middle East

German court confirms the protection of investors under intra-EU BITs

On 10 May 2012, the Higher Regional Court (Oberlandesgericht) in Frankfurt issued a long-awaited decision in annulment proceedings brought against a jurisdictional award that had been rendered by a tribunal in an UNCITRAL arbitration between Dutch insurer Eureko B.V. and … Continue reading

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Filed under EU Law, Europe, Investment Arbitration

India liable under BIT for extensive judicial delays

An UNCITRAL tribunal in Singapore has held that the Republic of India breached its obligation under the India-Kuwait bilateral investment treaty (BIT) to provide investors with an “effective means of asserting claims and enforcing rights” through undue delay in the … Continue reading

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Filed under Hong Kong & China, India, Investment Arbitration, South East Asia

Energy Charter Treaty ruling clarifies effect of Russia’s “provisional application” accepting jurisdiction to hear Yukos’ claim

Summary and business impact On 30 November 2009, a tribunal sitting at the Permanent Court of Arbitration in The Hague and constituted under the UNCITRAL Rules, ruled that former Yukos shareholders can proceed to the merits phase of their arbitration … Continue reading

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Filed under Europe, Investment Arbitration