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Belgium dredging companies fail in arbitration against Egypt

By Damon Vis-Dunbar 17 November 2008 The Egyptian government has deflected a US$ 80 million dollar claim by two companies hired to dredge the Suez Canal. Jan de Nul N.V. and Dredging International, both incorporated in Belgium, won a bid to dredge sections...

Published Mon, Nov 11 2008 8:42 AM by Damon Vis-Dunbar

Filed under: ICSID, Award, Denial of Justice, Egypt, Suez Canal

Tribunal prepares for amici curiae in miners’ dispute with South Africa

By Damon Vis-Dunbar 21 October 2008 Nonparties wishing to intervene in an international arbitration launched by Italian miners against the government of South Africa have been offered a set of procedures to follow. A two-page document, available from...

Published Tue, Oct 10 2008 1:54 AM by Damon Vis-Dunbar

Filed under: ICSID, Human Rights, amicus curiae, South Africa

Argentina ordered to reconsider its position on payment of ICSID awards

By Damon Vis-Dunbar 14 October 2008 A three-person committee formed by the International Centre for the Settlement of Investment Disputes (ICSID) has rejected the Argentine government’s position that foreign investors who have been awarded damages...

Published Tue, Oct 10 2008 4:42 AM by Damon Vis-Dunbar

Filed under: ICSID, Argentina, annulment, Enron Corporation

Plama Consortium Limited v. Republic of Bulgaria: Honesty is the best policy

By Elizabeth Whitsitt 30 September 2008 In a 27 August 2008 decision, a tribunal has concluded that Plama Consortium Limited (PCL), a Cyprus firm, was not entitled to protections afforded under the Energy Charter Treaty (ECT), given that it had fraudulently...

Published Tue, Sep 09 2008 6:26 AM by Damon Vis-Dunbar

Filed under: ICSID, Award, Plama Consortium Limited, Bulgaria, Energy Charter Treaty

Caratube International Oil Company LLP v. Republic of Kazakhstan: American investor sues Kazakhstan over oil-field dispute

By Damon Vis-Dunbar 26 September 2008 A US citizen, Devincci Salah Hourani, has launched a lawsuit against the government of Kazakhstan over a failed contract to explore and exploit oil in the country. Mr. Hourani, who holds a 92% stake in the Kazakh...

Published Fri, Sep 09 2008 10:26 AM by Damon Vis-Dunbar

Filed under: ICSID, Caratube International Oil Company, Kazakhstan

Occidental Petroleum Corporation and Occidental Exploration and Production Company v. the Republic of Ecuador: US oil company passes jurisdictional hurdle in arbitration with Ecuador

By Damon Vis-Dunbar 22 September 2008 A tribunal has accepted jurisdiction in a dispute that pits two petroleum companies against the Government of Ecuador, allowing the case to proceed to the merits stage. The two claimants, Occidental Petroleum Company...

Published Mon, Sep 09 2008 3:27 AM by Damon Vis-Dunbar

Filed under: ICSID, Ecuador, jurisdiction, decision, Occidental

Ecuador threatens cancellation of oil contracts unless ICSID nixed as arbitration forum

By Fernando Cabrera Diaz 29 August, 2008 The Ecuadorian government will consider contracts with oil companies terminated unless they remove the International Centre for Settlement of Investment Dispute (ICSID) as the venue of arbitration. The threat comes...

Published Fri, Aug 08 2008 9:06 AM by Damon Vis-Dunbar

Filed under: ICSID, Ecuador, oil contracts

Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru: Foreign investors in Peru are guaranteed tax stability

By Elizabeth Whitsitt 29 August 2008 In one of two ICSID awards handed down in August involving the US firm Duke Energy, a Tribunal has found the Republic of Peru liable to Duke Energy International Peru Investments No. 1 Ltd. (DEI Bermuda) for damages...

Published Fri, Aug 08 2008 9:02 AM by Damon Vis-Dunbar

Filed under: ICSID, Award, Peru, Tax Stabilization Guarantee

Duke Energy Electroquil Partners and Electroquil SA v Ecuador: Ecuador found liable for breaches of power purchase agreements and investment treaty

By Damon Vis-Dunbar 29 August 2008 The electricity provider Electroquil SA has been awarded US$ 5,578,566 plus interest stemming from several breaches of power purchase agreements (PPAs) backed by the government of Ecuador. While Ecuador was also found...

Published Fri, Aug 08 2008 8:58 AM by Damon Vis-Dunbar

Filed under: ICSID, Award, umbrella clause, fair and equitable treatment, Power Purchase Agreement

News in Brief: Tribunal declines jurisdiction in African Holding Company of America, INC et Société Africaine de construction au Congo SARL (SAFRICA) v. République Démocratique du Congo

By Suzy H. Nikièma 13 August 2008 An ICSID tribunal has declined jurisdiction in a dispute over a failed construction contract between the Democratic Republic of Congo (DRC) and two U.S. investors. Two members of the three-person tribunal held...

Published Wed, Aug 08 2008 8:00 AM by Damon Vis-Dunbar

Filed under: ICSID, Democratic Republic of Congo, jurisdiction, ratione temporis

South American alternative to ICSID in the works as governments create an energy treaty

By Fernando Cabrera Diaz 6 August 2008 A July 16-17 meeting of the Bolivarian Alternative for the Americas (comprised of Bolivia, Cuba, Dominica, Nicaragua, and Venezuela)* ended without public mention of the International Centre for Settlement of Investment...

Published Wed, Aug 08 2008 3:23 AM by Damon Vis-Dunbar

Filed under: ALBA, ICSID, Energy Security Treaty

News: Trans-Global Petroleum Inc. v. Hashemite Kingdom of Jordan: First Application of ICSID Arbitration Rule 41(5)

By Elizabeth Whitsitt 25 July 2008 Tribunal considers whether a claim by an U.S. investor against Jordon is “manifestly without legal merit”, and rejects all but one of Jordan’s objections An ICSID tribunal has ruled on whether to uphold...

Published Fri, Jul 07 2008 7:42 AM by Damon Vis-Dunbar

Filed under: ICSID, Trans-Global Petroleum Jordan, Jordan, Rule 41 (5)

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