Cases (English)

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H&H Enterprises v Egypt, ICSID Decision, June 5, 2012, by Georgios Soumalevris

posted Nov 28, 2012, 12:01 PM by IACL   [ updated Nov 28, 2012, 12:02 PM ]

In its Decision on Jurisdiction of 5 June 2012, the Tribunal held that it had jurisdiction to hear the claim of a US company concerning an option to buy a hotel and its adjoining land in Egypt, under a bilateral investment treaty between the United States and Egypt.

MR A J O AND MRS T L V. The Slovak Republic, UNCITRAL Award, April 23, 2012, by Anita Ghazi Rahman

posted Sep 5, 2012, 7:54 AM by Ignacio Torterola

An Award rendered on April 23, 2012, under the Agreement on encouragement and reciprocal protection of investments between the Kingdom of the Netherlands and Czech and Slovak Federal Republic of April 29, 1991 (“BIT”), and in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law of 1976 (UNCITRAL).

Daimler Financial Services AG v. Argentine Republic, ICSID Award, August 22, 2012, by Cynthia Galvez

posted Sep 5, 2012, 7:40 AM by Ignacio Torterola

In a decision rendered on August 22, 2012, under the Treaty Between the Federal Republic of Germany and the Republic of Argentina for the Promotion and Reciprocal Protection of Investments, in accordance with the ICSID Convention and Arbitration Rules, the Tribunal determined that Claimant did not yet have standing to assert its claims under the bilateral investment treaty because Claimants had not yet satisfied Article 10 of the Treaty.  Professor Janiero and Judge Brower (dissenting) issued separate opinions with respect to the Tribunal’s interpretation of the effect of the Most Favored Nation clause.

BIVAC v. Paraguay, ICSID Decision, May 29, 2009, by Christina Beharry

posted Sep 5, 2012, 7:09 AM by Ignacio Torterola

In a decision on jurisdictional objections rendered on May 29, 2009, under the Agreement between the Kingdom of the Netherlands and the Republic of Paraguay on the encouragement and reciprocal protection of investments (1994), an ICSID tribunal adopted a liberal reading of the umbrella clause in the Treaty. 

VON PEZOLD and BORDER TIMBER LTD. v. ZIMBAWBE (Provisional Measures), by Cristina Viteri

posted Jul 13, 2012, 7:23 AM by IACL

In response to an urgent application for provisional measures filed by the Claimants, regarding the alleged breach of the disclosure regime by the Respondents and due to the impossibility of the Tribunal’s members to deliberate as a whole, the President of the Tribunals issued a number of directions to the parties, to preserve the status quo of the arbitrations, pending a final determination on Claimant’s application.

ConocoPhillips Company et al. v Venezuela, ICSID Decision, February 27, 2012

posted Jul 6, 2012, 9:53 AM by IACL

A decision rendered on February 27, 2012, under the ICSID Convention and Arbitration Rules.

Ulysseas v Ecuador, UNCITRAL Decision, June 12, 2012

posted Jul 6, 2012, 9:37 AM by IACL   [ updated Jul 6, 2012, 9:41 AM ]

In a decision rendered on June 12, 2012, under the United States-Ecuador BIT and pursuant to the UNCITRAL Arbitration Rules, the Tribunal held that the Respondent had not breached any of its obligations under the BIT in relation to the Claimant’s investment, dismissed all of the Claimant’s claims, and ordered the Claimant to pay $2 million of the Respondent’s costs.

J&P AVAX SA V. TECNIMONT SPA (REIMS COURT OF APPEALS) DECISION, Georgios Soumalevris

posted Jun 29, 2012, 11:21 AM by IACL

A Decision rendered on November 2, 2011, under the French Code of Civil Procedure.

J&P AVAX SA v. TECNIMONT SPA (PARIS COURT OF APPEALS) DECISION, by Georgios Soumalevris

posted Jun 29, 2012, 11:14 AM by IACL   [ updated Jun 29, 2012, 11:16 AM ]

A Decision rendered on March 12, 2009, under the French Code of Civil Procedure.

Sky Petroleum Inc. v. Ministry of Economy, Trade & Energy & National Agency of Natural Resources Albania (Preliminary Injunction), by Ana Carolina Simões e Silva

posted Jun 29, 2012, 6:13 AM by IACL   [ updated Jun 29, 2012, 6:48 AM ]

An Order and Preliminary Injunction was rendered on 20 January 2012 by the United States District Court for the Western District of Texas, Austin Division, under the Foreign Sovereign Immunities Act (FSIA).  The Court rendered its decision ex parte since the Defendants did not respond the Plaintiff’s motion and failed to appear at the hearing.  The Court concluded that the general and special requirements for the grant a preliminary injunction to compel arbitration were present, in particular that there was a valid, enforceable arbitration agreement and that the claims asserted fell within the scope of the arbitration agreement.  Therefore, the Court ordered that the Ministry of Economy, Trade and Energy of Albania and the National Agency of Natural Resources of Albania and all persons acting in concert with them were enjoined from awarding, transferring or otherwise disposing of any right to explore, develop and/or produce petroleum in the contract area until a final arbitration award is issued pursuant to the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) in the arbitration proceedings between Sky Petroleum and Defendants and that the Defendants must submit the dispute to Arbitration in accordance with the terms of the arbitration clause in the Agreement.

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