In the well-known case Encana v. Ecuador, the Arbitral Tribunal refused to order interim measures on the basis of there being no irreparable damage. On January 8, 2004, Claimant requested an urgent hearing of an application for interim relief regarding the enforcement of certain measures that the Ecuadorian government had taken against one of its […]
Successful State Counterclaims in Investor-State Arbitration : The Case of Burlington Resources Inc v. the Republic of Ecuador
Successful State counterclaims in investor-State arbitration were found on 7 February 2017. The counterclaims were brought by Ecuador in response to claims by Burlington Resources Inc, a U.S.-based foreign investor. In its counterclaims, Ecuador alleged breach of its national environmental law by Burlington Resources and breach of contractual obligations and sought USD 2.8 billion in […]
Indian Investment Arbitration Regime Changes
Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation. Yukos’ owners have won the largest arbitration award in history against Russia for what was determined by an international arbitration tribunal to be a “devious and calculated” expropriation of its assets. Russia has been ordered to pay over USD 50.2 billion to […]
Alejandra Delfin | El recurso de nulidad y la recepción de la jurisprudencia en la Decisión de los Comités Ad Hoc
Alejandra Delfin: El recurso de nulidad y la recepción de la jurisprudencia en la Decisión de los Comités Ad Hoc. Su concepción a la luz de un caso reciente en el CIADI [Revista de Derecho Administrativo (ReDA) #84, Ed. Lexis Nexis – Abeledo Perrot. Buenos Aires, Argentina. Pages 1817/1829. December 2012. ISSN 1851-0590] 1.- Introducción […]