Pablo Mori Bregante, Author at Kluwer Arbitration Blog

Corporate Restructuring, ICSID, ICSID contract-based disputes, ICSID Convention, ICSID denunciation, MFN extension, Peru, Sunset clause

What if Peru (or Another Country) Leaves the ICSID Convention? Possible Recourses for Investors Facing a Potential Change in the Game

Pablo Mori Bregante (GST LLP) and Micaela Ossio (B. Cremades & Asociados)/February 5, 2022January 10, 2022 /Leave a comment

Before winning Peru’s presidential race in June 2021, Peruvian President Pedro Castillo vowed to withdraw Peru from the ICSID Convention and to renegotiate several of the country’s Bilateral Investment Treaties (“BIT’s”). According to the then-presidential candidate’s government plan (chapter XXI), ICSID tribunals are biased and “at the service of the multinational companies” in prejudice of…

Colombia, Dual Nationals, Investor-State arbitration, Jurisdiction, United States

Americans at Heart, Colombians in Fact: How the Carrizosas Award Contributes to the Trend on Lack of Standing of Dual Nationals in Investment Arbitration

Pablo Mori Bregante, Jose Angelo David (GST LLP)/July 4, 2021June 21, 2021 /Leave a comment

The issue of dual nationals’ access to investor-state dispute settlement (“ISDS”) has once again taken the center stage through the recently issued Carrizosa v. Colombia award. Resolved under the auspices of the 2013 UNCITRAL Arbitration Rules, the PCA tribunal unanimously dismissed the entire case for lack of jurisdiction ratione personae, in accordance with the provisions…

Corruption, Latin America, Peru, Red flags standard, Standard of Proof

For Whom The Bell Tolls: Is The Red-Flags Standard’s Application Enough To Prove Corruption In International Arbitration?

Pablo Mori Bregante (GST LLP) and Andrés Álvarez Calderón (Georgetown University Law Center)/September 23, 2020September 18, 2020 /Leave a comment

The Rutas de Lima v. Metropolitan Municipality of Lima case shows how arbitral tribunals deal with corruption allegations in disputes related to government contracts. The tribunal, chaired by current ICC International Court of Arbitration President, Alexis Mourre, issued its Award this May, which came to light when the Metropolitan Municipality of Lima (the “Municipality”) requested…

Dual Nationals, International Investment Arbitration, International Law, Jurisdiction of the arbitral tribunal, Venezuela

The Passports’ Game: Chronicle Of A Foretold Death For Dual Nationals’ Claims

Pablo Mori Bregante (GST LLP)/January 20, 2020January 16, 2020 /Leave a comment

In a previous post, which discussed the Ballantines award, the author concluded that doors for dual nationals’ claims are being closed, including for non-ICSID cases where the relevant treaty does not have a provision dealing with the issue. The recent Heemsen v. Venezuela jurisdictional award confirms this approach. Unanimously, a PCA tribunal declined jurisdiction over…

DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America

New Trends For Dual Nationals Claims. Is the Ballantines Award Relevant For Cases Where A Dual Nationals-Related Provision Is Not Incorporated In The Relevant Treaty?

Pablo Mori Bregante (GST LLP)/October 30, 2019October 28, 2019 /Leave a comment

It is said that states lose more times than investors in investment arbitration. Indeed, ICSID surveys reveal that while investors receive an award of costs in 41.4% of the cases, states receive a similar award of costs only in 23% of the cases, even when jurisdiction is fully declined. A case where a state prevails…