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Since 2001, ITN has offered news, analysis and opinions on international investment law and its implications for sustainable development. The service began as a list serve where information and views were shared among members, before becoming an electronic newsletter produced by a small editorial team. In its present form, ITN combines these functions by serving as a Web-based platform for discussion and debate, as well as providing regular reporting on developments and trends in international investment law. RSS Mainfeed

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Download the January 2010 issue of ITN


UNCITRAL Tribunal determines that wheat supply contracts are not "investments" under Swiss-Uzbekistan BIT

By Elizabeth Whitsitt - January 13, 2010

Swiss-based firm Romak S.A. has lost a protracted dispute against the Republic of Uzbekistan regarding alleged non-payment for wheat shipments to the country during the mid-1990s.

On November 26, 2009 an arbitral tribunal composed of Fernando Mantilla-Serrano, Nicolas Molfessis and Noah Rubins dismissed Romak's claims against the Republic of Uzbekistan on jurisdictional grounds.  Specifically, the tribunal determined that it did not have jurisdiction in the case given the absence of any "investment" underlying the dispute.

In the aftermath of the dissolution of the Soviet Union, Romak and several companies entered into a set of contracts for the supply of wheat to Uzbekistan.  Having experienced difficulties in obtaining payment for wheat deliveries, Romak commenced arbitral proceedings against one of its Uzbek counterparties under the auspices of the Grain and Feed Trade Association (GAFTA).

 


Ad Hoc Committee refuses to lift stay of enforcement or require security regarding ICSID award against Argentina

By Elizabeth Whitsitt - January 13, 2010

An ad hoc committee composed of Dr. Gavan Griffith Q.C., Judge Patrick L. Robinson, and Judge Per Tresselt has decided to continue to stay the enforcement of an award rendered against the Argentine Republic in favour of the Enron Corporation.  According to the committee, the stay will remain in force until annulment proceedings have been concluded and without any requirement for Argentina to post security.


ICSID Tribunal sides with Chile, rejects claimant's partial revision request in long running dispute over El Clarin newspaper

By Fernando Cabrera Diaz - January 13, 2010

An ICSID tribunal has rejected a partial revision request by Pey Casado and the Presidente Allende Foundation of an award rendered in their long-running dispute with Chile over the takeover and closure of the El Clarin newspaper during the early days of the Pinochet regime.


Cemex v. Venezuela: challenges to ICSID arbitrators must be made "promptly"

By Elizabeth Whitsitt - January 13, 2010

On November 6, 2009 two members of an ICSID arbitral tribunal - Judge Gilbert Guillaume (President) and Professor Georges Abi-Saab - dismissed Venezuela's challenge to the tribunal's third member, Mr. Robert B. von Mehren.


UNCITRAL claimant given 30 days to appoint new arbitrator in UK-Argentina BIT dispute

By Elizabeth Whitsitt - January 13, 2010

Later this month UK-based firm, ICS Inspection and Control Services Limited (ICS), is expected to appoint another arbitrator in its dispute against the Argentine Republic which began earlier this summer.