On 18 February 2022, the Brussels court of first instance set aside an UNCITRAL award regarding a claim brought against the Republic of Poland under the US-Poland bilateral investment treaty (US-Poland BIT). This is the first time we see a Belgian court set aside an investment treaty award. The court decided that the arbitral tribunal…
The recently surfaced award in IC Power Asia Development Ltd. v. Guatemala dated 7 October 2020 reveals the reasoning of the Tribunal’s majority in dismissing IC Power’s claims on the merits. A majority of Albert Jan van den Berg (chair) and Raúl Vinuesa (Respondent’s appointee) dismissed IC Power’s claims on the merits, while Guido Santiago…
Lion Mexico Consolidated v. Mexico1)Lion Mexico Consolidated L.P. v. United Mexican States (ICSID Case No. ARB(AF)/15/2). represents the first positive finding of denial of justice in the history of NAFTA2)In 1999, a NAFTA tribunal analysed and rejected for the first time a claim for denial of justice in Robert Azinian v. Mexico. and one of…
The Second Circuit’s decision on Chevron Corporation v. Steven Donziger et. al., one more chapter of the “Chevron Saga” (discussed by the author here), arose out of a federal action commenced by Chevron Corporation in 2011 against American lawyer Steven Donziger, his law firm and the plaintiffs in the Lago Agrio claim initiated against Chevron…
Introduction Dan Cake, a Portuguese company and one of the biggest biscuit producers in the world, invested in Hungary by acquiring a Hungarian company’s shares, later named as Danesita. Although Dan Cake had envisaged the expansion of its business to South East Europe too through this investment, after a couple of years, the plan failed…
