Investment Treaty News (ITN)

Home

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

Sign-up for the ITN newsletter.

Download the May 2010 issue of ITN


Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes

By Fernando Cabrera Diaz - May 11, 2010

Tobacco giant Philip Morris International (PMI) has initiated an ICSID arbitration against Uruguay over new rules requiring that 80% of cigarette pack surfaces be devoted to graphic warnings of the dangers associated with smoking. 

The company alleges that the labeling requirements and recent tax increase harm its investments and infringe on its trademarks in violation of the Switzerland-Uruguay bilateral investment treaty.  U.S.-based PMI, which has its international headquarters in Lausanne, Switzerland, has turned to the Switzerland-Uruguay BIT to launch its arbitration.

Over the last two years the Uruguayan government has engaged in a public health campaign to lower the smoking rates among its population, which was as high as 50%. As part of the anti-smoking campaign the government implemented a series of measures that it claims are directed at protecting public health. Among these is a new rule increasing mandatory graphic warning labels on cigarette packs to 80% of the pack.

 


German investor awarded 29 million Euros in claim against Thailand over highway concession

By Fernando Cabrera Diaz - May, 11 2010

An ad hoc tribunal under UNCTIRAL Rules has awarded German investor Walter Bau AG more than 30 million Euros in its claim against Thailand over a tollway concession gone sour.


ICSID Panel Denies Ukraine's Challenge to Arbitrator

By Elizabeth Whitsitt - May 11, 2010

On March 19, 2010 two members of an ICSID arbitral tribunal - the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov - dismissed the Ukraine's challenge to the tribunal's third member, Dr. Yoram Turbowicz.


Pan American Energy takes Bolivia to ICSID over nationalization of Chaco Petroleum

By Fernando Cabrera Diaz - May 11, 2010

Anglo-Argentinean energy firm Pan American Energy (PAE) has initiated arbitration against Bolivia over the nationalization of its subsidiary Chaco Petroleum by the Morales government in 2009.  The arbitration was registered by ICSID on April 12 2010, despite Bolivia having withdrawn from the ICSID Convention in 2007.


American gas services firm Exterran files for arbitration against Venezuela over nationalized assets

By Fernando Cabrera Diaz - May 11, 2010

Houston-based Exterran Holdings has taken Venezuela to ICSID over the nationalization of its gas services support business in the country.  The arbitration, registered by ICSID on April 12, 2010, is the second in as many months initiated by firms in the hydrocarbons services sector, an area that is the target of a new wave of Venezuelan nationalizations.