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Alapli Elektrik B.V. v. Republic of Turkey, Decision of Annulment, July 10, 2014 by Maria Davies

posted Oct 23, 2014, 9:29 AM by IACL

In its Decision on Annulment of July 10, 2014, the ad hoc Committee dismissed the application for annulment of the arbitral Award, rendered in Alapli Elektrik B.V. v. Republic of Turkey (ICSID Case No. ARB/ 08/13), filed by Alapli Elektrik B.V. on grounds set out in Articles 52(1)(b), 52(1)(d) and 52(1)(e) of the ICSID Convention.

Hulley Enterprises Limited (Cyprus) v. The Russian Federation, Final Award, July 18, 2014 by Margie-Lys Jaime

posted Oct 10, 2014, 10:15 AM by IACL

In its Award of 18 July 2014, the Tribunal found the Russian Federation liable in three arbitration cases under the UNCITRAL Arbitration Rules (PCA Case Nos. AA226 —Hulley, AA227 —Yukos Universal Limited, and AA228 —Veteran Petroleum Limited) for breach of its obligations under Article 13(1) (Expropriation) of the Energy Charter Treaty. The Tribunal awarded Claimants with over US$ 50 billion in damages, the largest amount awarded in the history of investment arbitration to date.

SAUR International SA v. Republic of Argentina, Award, May 22, 2014 by Marine de Bailleul

posted Jun 27, 2014, 9:32 AM by IACL   [ updated Oct 10, 2014, 10:18 AM ]

In a decision rendered on May 22, 2014, the International Center for Settlement of Investment Disputes addressed an original issue: the determination of the value of the Claimant’s investment, corresponding to the compensation amount that the Claimant is entitled to receive, because of the violation by the Republic of Argentina of several principles established by the Agreement between France and Argentina for the mutual promotion and protection of investments.

BG Group PLC. v. Republic of Argentina, US. Supreme Court Decision, March 5, 2014 by Laura Ghitti

posted Jun 9, 2014, 9:45 AM by IACL

In a decision rendered on March 5, 2014, the US Supreme Court ruled on a 7-to-2 majority that an UNCITRAL arbitral tribunal did not exceed its powers by waiving a treaty requirement that recourse to arbitration would be possible only where disputes had been submitted for 18 months to the host State competent courts.

Burimi SRL and Eagle Games SH.A v. Republic of Albania, Award, May 28, 2013 by Chen Fei & Zheng Tianyuan

posted Jun 9, 2014, 9:30 AM by IACL

An Award rendered on May 28, 2013, under the Agreement for the Promotion and Protection of Investments concluded between Italy and the Albania (“BIT”), Albania’s Foreign Investment Law (“FIL”), and in accordance with the ICSID Convention and Arbitration Rules.

Malaysian Historical Salvors, SDN, BHD v. The Government of Malaysia, Annulment Decision, April 16, 2009 by Gao Xi & Lin Deyu

posted Apr 11, 2014, 12:36 PM by IACL

An Annulment Decision rendered on April 16, 2009 pursuant to Article 52 of the ICSID Convention in the arbitration proceedings between Malaysian Historical Salvors, SDN, BHD and the Government of Malaysia (ICSID Case No. ARB/05/10).

The Rompetrol Group N.V. v. Romania, Award, May 6, 2013, by Cristina Viteri Torres

posted Apr 11, 2014, 12:16 PM by IACL

In its Award issued on May 6, 2013, the Tribunal dismissed numerous claims made by a Dutch company againts Romania for breach of its obligations under Articles 3(1) and 3(5) of the Agreement on Encouragement and Reciprocal Protection of Investments concluded between the Kingdom of The Netherlands and Romania. The Tribunal found a breach of the fair and equitable treatment standard but no damages were awarded since Claimant failed to show that Romania’s breach of the BIT guarantee had caused an actual economic loss or moral damage.

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

posted Jun 12, 2013, 2:51 PM by IACL   [ updated Jun 12, 2013, 3:00 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, 2:34 PM by IACL   [ updated Jun 12, 2013, 2:40 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, 8:22 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.

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