CASES (ENGLISH)

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Tulip Real Estate Investment and Development Netherlands B.V. v. Republic of Turkey, Decision, March 5, 2013 by Elis Wendpap

posted Jun 12, 2013, 2:52 PM by IACL .   [ updated Jun 12, 2013, 2:59 PM ]

In a Decision of March 5, 2013, the Tribunal concluded that if the BIT establishes that the State must receive a notice of the dispute one year before the Request of Arbitration is presented and that the parties engage negotiations before starting the arbitral procedure, these provisions are mandatory.

Chevron Corporation and Texaco Petroleum Corporation v. The Republic of Ecuador, Judgment on Request to Set Aside Arbitral Awards, May 2, 2012 by Elis Wendpap

posted Jun 12, 2013, 2:36 PM by IACL .   [ updated Jun 12, 2013, 2:42 PM ]

Judgment of May 2, 2012 rejecting Ecuador’s request to set aside three awards rendered by the Arbitral Tribunal – the interim award on jurisdiction, the partial award that found Ecuador in breach of the BIT, and the final award that stipulated the amount of compensation.

Víctor Pey Casado and Foundation “Presidente Allende” v. Republic of Chile, ICSID Annulment Decision, December 18, 2012 by Rebeca Mosquera

posted May 21, 2013, 8:24 AM by IACL .

Annulment decision dispatched to the parties on December 18, 2012, concerning the Award dated May 8, 2008 issued to the parties under the ICSID Convention.

Ambiente Ufficio S.P.S. & Others v. The Argentine Republic, ICSID Decision on Jurisdiction, February 8, 2013 by Nchimunya D. Ndulo

posted May 2, 2013, 3:10 PM by IACL .

In its Decision of February 8, 2013, the Tribunal assumed jurisdiction over claims asserted by multiple Italian investors concerning investments involving the issuance of Argentine government bonds, under a bilateral investment treaty between Italy and Argentina.

Mobil Investments Canada Inc. & Murphy Oil Corp. v. Canada, ICSID Decision, May 22, 2012 by Charles B. Rosenberg

posted May 2, 2013, 2:37 PM by IACL .

In its Decision of May 22, 2012, the majority of the Tribunal held that Canada had violated the performance requirements protection in Article 1106 of the NAFTA and that the Claimants were entitled to recover damages incurred as a result of Canada’s breach.

Suez, Sociedad General de Aguas de Barcelona S.A. and Interagua Servicios Integrales Del Agua S.A, ICSID Decision, July 30, 2010 by Rodolfo Miranda Miranda

posted Apr 10, 2013, 11:49 AM by IACL .

In a decision rendered on July 30, 2010, under the Bilateral Investment Treaties (BITs) between France and Argentina, and Spain and Argentina, this ICSID award set a standard regarding fair and equitable treatment in investment claims related to public contracts.

ICS Inspection and Control Services Limited (United Kingdom) v. The Argentine Republic, ICSID Decision, February 10, 2012 by Moin Ghani

posted Apr 10, 2013, 8:47 AM by IACL .

In a decision on jurisdictional objections rendered on February 10, 2012, under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Argentina for the Promotion and Protection of Investments, 1990 (“the Treaty), an UNCITRAL tribunal declined jurisdiction due to the failure of ICS Inspection and Control Services Limited (“ICS” or “Claimant”) to comply with the mandatory 18-month litigation prerequisite in the Treaty and ruled that the most-favored nation (“MFN”) clause in the Treaty did not apply in a manner to permit Claimant to avail itself of dispute resolution provisions of another BIT.

AES Summit Generation Limited & AES-Tisza Eromu KFT v. Republic of Hungary, ICSID Decision, June 29, 2012 by Brooks Hickman

posted Apr 9, 2013, 2:06 PM by IACL .

Annulment decision dispatched to the parties on June 29, 2012, concerning the Award dated September 23, 2010 issued to the parties under the ICSID Convention.

Saint-Gobain Performance Plastics Europe v. Venezuela, ICSID Decision, February 27, 2013 by Fabricio Fortese

posted Mar 26, 2013, 3:21 PM by IACL .

A Decision rendered on 27 February 2013, under the France (Republic of) – Venezuela (the Bolivarian Republic of) bilateral investment treaty (“BIT”), and in accordance with article 57 of the ICSID Convention and Arbitration Rules.

Teinver S.A. v. The Argentine Republic, ICSID Decision, December 21, 2012 by Sofia Castillo

posted Mar 19, 2013, 2:29 PM by IACL .

In its Decision of December 21, 2012, an ICSID tribunal dismissed Argentina’s objections on jurisdiction over a dispute with a group of Spanish companies concerning the nationalization of two airlines pursuant to the 1991 Bilateral Investment Treaty between Argentina and Spain.

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