However, there has been a recent backlash
against investment treaty arbitrations.
Key cases: British Caribbean Bank v Attorney General of Belize: lifting an anti-arbitration injunction
against an investment treaty arbitration in proceedings before the Caribbean Court of Justice; Singapore v Malaysia (Railway Lands): a major interstate PCA arbitration.
Not exact matches
Australia is already having a painful experience with this type of clause — tobacco company Philip Morris Asia has commenced arbitration
against the Australian government over its new plain packaging for tobacco products laws using a similar clause in an
investment treaty between Australia and Hong Kong.
A Foley Hoag LLP legal team has turned aside a billion - dollar claim
against Venezuela by Vannessa Ventures, a Canadian mining company that alleged Venezuela violated its
investment treaty with Canada by, among other actions, refusing to approve Vannessa's 2001 purchase of Venezuelan mining company MINCA and rescinding Venezuela's contract with MINCA for the development of a gold and copper mine in Venezuela.
Against that background, the Tribunal observes that there is a growing body of arbitral law, particularly in the context of ICSID arbitrations, which holds that the principle of proportionality is applicable to potential breaches of bilateral
investment treaty obligations (see paras. 402 - 404).
Represented a South American Republic in a USD 515 million ICSID claim brought
against it under a bilateral
investment treaty
An investor - State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's claims
against the Islamic Republic of Iran under the Turkey - Iran bilateral
investment treaty.
Securing a $ 380m award for Burlington Resources, Inc. (ConocoPhillips) in an ICSID contractual and
investment treaty arbitration
against Ecuador following Ecuador's imposition of royalties on extraordinary revenues, and reducing Ecuador's $ 2bn environmental counterclaim to an award of $ 40m in its favor.
In at least one event I attended, I have heard an MEP repeat this assertion in defence of voting
against a request for an Opinion on the compatibility of the
Investment Court System (ICS) in CETA with the
Treaties.
Advising Silver Ridge Power on an
investment treaty arbitration
against the Italian Republic, which is based on several violations of the Energy Charter
Treaty concerning a number of solar energy projects in Italy.
We have experience of drafting their
investment treaties and
investment laws, as well as assisting to regulate and manage relationships with investors
against the backdrop of their international law obligations.
This is demonstrated by the firm's involvement representing ConocoPhillips in an ICSID
investment treaty arbitration
against Venezuela as a result of Venezuela's expropriation of three high - value oil
investments.
He represented The Sudan People's Liberation Movement / Army in the historic Abyei arbitration (more information on Abyei arbitration), Eritrea in an ad hoc arbitration
against Yemen, private parties in controversies under various bilateral
investment treaties, and a major foundation in an ad hoc arbitration
against a European state raising novel issues of public international law.
Most importantly, Chevron can return to the ad hoc tribunal of three international arbitrators hearing its claims
against Ecuador, which are grounded in the U.S. - Ecuador
investment treaty and customary international law under the supervision of the Permanent Court of Arbitration in The Hague.
This is a well - established mechanism found in bilateral and multilateral
investment treaties that assists investors in safeguarding their
investments against certain political, regulatory, judicial and other state - driven risks that are especially significant in cross-border transactions.
Representing Total in an ICSID arbitration
against Argentina in connection with its
investments in exploration and production, electricity generation and gas transportation pursuant to the France — Argentina bilateral
investment treaty, resulting in an award of $ 270m, the largest ever issued
against Argentina.
Since the ruling, about a dozen companies have begun similar proceedings
against the Indian government seeking damages for breaches of
investment treaty protections.
In 2010, White Industries commenced action
against the Indian government, arguing that the delay violated the guarantee of effective means of enforcing legal rights set out in the bilateral
investment treaty between India and Kuwait (and applicable to the Australian investors through the «most favored nation» treatment conferred under the India - Australia
treaty).
White Industries, the Australian mining company, was the first entity to win an
investment treaty award
against India.
Modern
investment law, by contrast, is characterized by the investor's right to initiate arbitration directly
against host States based on the States» prospective and generalized consent to arbitrate any matter under the governing
treaty.
The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International
Investment Agreements («IIAs»), in particular, Bilateral
Investment Treaties («BITs») executed between Asian and African States giving investors the ability to obtain arbitration awards which may be enforced
against state assets.
Represented Barbados investor in ICSID arbitration
against the Venezuelan government involving claims, under the Barbados - Venezuela bilateral
investment treaty, with respect to automotive industry
investment and restrictions on foreign exchange and importation
Consulted with various individuals and business entities in connection with potential claims
against foreign governments under bilateral
investment and multilateral trade
treaties
In Hupacasath First Nation v. Minister of Foreign Affairs Canada, [12] the Federal Court of Appeal found
against one First Nation appellant seeking consultation prior to the ratification of a bilateral
investment treaty with China.
Represented Spanish investor in ICSID arbitration
against the Venezuelan government involving claims, under Spain - Venezuela bilateral
investment treaty, with respect to expropriation of bank and related assets
Most bilateral
investment treaties concluded between the Chinese and OBOR governments allow an investor to bring
investment claims
against the host country before an international arbitral tribunal constituted under the UNCITRAL Arbitration Rules (the UNCITRAL Rules).
Our lawyers acted for a US
Investment Fund claiming US$ 250m against a European state for unfair treatment in connection with a tender for the privatised telecommunications industry under a bilateral investment treaty and related court proceedings for injuncti
Investment Fund claiming US$ 250m
against a European state for unfair treatment in connection with a tender for the privatised telecommunications industry under a bilateral
investment treaty and related court proceedings for injuncti
investment treaty and related court proceedings for injunctive relief.
Legal claims brought
against a Sovereign State or its instrumentalities by a foreign investor under a bilateral or multilateral
investment treaty, or a contract or a domestic
investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.
Obtaining a $ 967m award for Canadian gold mining company Rusoro Mining in an ICSID bilateral
investment treaty arbitration
against Venezuela.
But, though Mubarak was gone, he had left behind a gift for investors like Sajwani: one of the world's largest networks of
investment treaties — twice the size of the United States» — that allowed foreign businesses to file ISDS claims
against Egypt.
However, it is by no means clear that there will be any change in Argentina's stance regarding the enforcement of future
investment treaty awards (there are 25 cases currently pending
against Argentina under the auspices of the ICSID).
It is «safe to assume» that Repsol will be exploring its options under bilateral
investment treaties to bring an arbitration case
against Argentina that could be filed at the ICSID, Smutny said.
We acted on an
investment treaty arbitration
against Venezuela.
The case was the first ever
investment treaty case brought
against Kosovo since it became an independent country in 2008.
«This victory was of great significance to the people of Kosovo because it was the first
investment treaty claim ever brought
against the young country,» said Squire Patton Boggs partner Luka Misetic.