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Tribunal disqualifies "abusive" claim by Phoenix Action against the Czech Republic

By Damon Vis-Dunbar 20 April 2009 A three-member tribunal has disqualified a claim by the Israeli-based Phoenix Action LTD, concluding that its purchase of two Czech companies was solely a pretext for exploiting the Israel-Czech Republic bilateral investment...

Published Mon, Apr 04 2009 4:01 AM by Anonymous

Filed under: jurisdiction, Czech Republic, Phoenix Action

Tribunal refuses to clarify decision on jurisdiction in Railroad Development Corporation v. Republic of Guatemala

By Damon Vis-Dunbar 20 January 2009 The tribunal hearing a dispute between the Railroad Development Corporation (RDC) and Guatemala under the Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA) has declined...

Published Tue, Jan 01 2009 3:41 AM by Anonymous

Filed under: jurisdiction, DR-CAFTA, Guatemala, Railroad Development Corporation

Tribunal pierces the corporate veil in jurisdictional decision involving Argentina

By Damon Vis-Dunbar 9 January 2009 Two out of three members of an ICSID tribunal have declined jurisdiction in a claim brought by TSA Spectrum de Argentina S.A. (TSA) against the Argentine Republic under the Netherlands-Argentina bilateral investment...

Published Fri, Jan 01 2009 7:53 AM by Anonymous

Filed under: ICSID, jurisdiction, Argentina, Foreign Control, TSA Spectrum de Argentina S.A.

Tribunal rejects Ecuador’s jurisdictional objections in dispute with Chevron

By Fernando Cabrera Diaz 5 January 2009 A tribunal has determined that it holds jurisdiction to hear a claim brought by Chevron Corporation against Ecuador for alleged violations of the Ecuador-United States bilateral investment treaty (BIT). Chevron...

Published Mon, Jan 01 2009 3:10 AM by Anonymous

Filed under: Ecuador, jurisdiction, decision, Chevron Corporation, Texaco

German firm fails to pass jurisdictional hurdle in claim against Argentina; decision provokes questions about the scope and applicability of MFN Protection

By Elizabeth Whitsitt 5 January 2009 An ICSID tribunal has declined jurisdiction in a claim brought by a German firm against the government of Argentina, in a decision that marks the unpredictability over whether a claimant can invoke a Most-Favoured...

Published Mon, Jan 01 2009 3:04 AM by Anonymous

Filed under: jurisdiction, Argentina, decision, Wintershall Aktiengesellschaft, MFN

Guatemala’s objection to jurisdiction dismissed in DR-CAFTA arbitration

By Damon Vis-Dunbar 26 November 2008 The first investment arbitration to be launched under the Dominican Republic – Central America – United States Free Trade Agreement (DR-CAFTA) is moving forward after the Tribunal dismissed Guatemala’s...

Published Wed, Nov 11 2008 4:18 AM by Anonymous

Filed under: jurisdiction, Guatemala, Railroad Development Corporation, CAFTA

Société Générale passes jurisdictional hurdle in dispute with Dominican Republic; controversy erupts over press release

By Fernando Diaz Cabrera 28 October 2008 Lawyers for the Dominican Republic have accused a subsidiary of the French financial services company Société Générale of breaking confidentiality rules in an ad-hoc arbitration when...

Published Tue, Oct 10 2008 5:30 AM by Anonymous

Filed under: jurisdiction, Dominican Republic, Société Générale, confidentiality, UNCITRAL

Jurisdictional decision sees light of day in dispute between a Greek claimant and Serbia-Montenegro

By Damon Vis-Dunbar 24 October 2008 A previously unpublished 2006 partial award on jurisdiction in an arbitration between a Greek industrial group and the government of Serbia and Montenegro was released in October 2008, providing a fuller description...

Published Fri, Oct 10 2008 4:47 AM by Anonymous

Filed under: jurisdiction, Dissenting Opinion, Mytilineos Holdings SA, Partial Award, Serbia

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 Anonymous

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

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 Anonymous

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

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