Transnational Arbitration Observer (TAO)
The Transnational Arbitration Observer (TAO, taobserver.com) newsletter is an initiative of Diego Alonso Massa in collaboration with publisher Maris B.V.. The TAO service is a source of daily news and analysis aimed at keeping its readership abreast of recent developments in transnational arbitration (investment & commercial arbitration, mediation, and so forth). It complements the existing Transnational Dispute Management (TDM, ISSN 1875-4120) publication, founded by Professor Thomas W. Wälde (1949-2008), which provides in-depth articles written by a large global network of legal experts.
When needed, English translations (in full or in their relevant parts) of primary or secondary documents (drafted in Spanish, French, Portuguese, Italian, Catalan, Dutch, German or Swedish) related to the news or analysis concerned will be included and made available to TAO subscribers. The news will include links to sources and combined (where possible) with relevant documents available for download making it a valuable and timesaving research tool.
Visit https://taobserver.com/ and register for the daily headlines (email) or follow TAO on social media twitter.com/taobserver and linkedin.com/company/taobserver/.
Published TAO articles:
- Spanish Court Enforces Pey Casado Arbitral Award, Orders Chilean Government To Pay EUR 500+ Million
- Investment Arbitration News In A Nutshell
- South African Court Finds Arbitral Tribunal’s Decision to Grant Amendment Was Neither An Award Nor Reviewable Under the UNCITRAL Model Law
- Airports Authority of India (AAI) Withdraws from the IATA Collection System Following Court Orders Seizing AAI’s Funds in IATA
- New Devas Arbitration Notice Clarifies The Grounds Relied Upon In Support of USD 1.3 Million Claim Against India
- UK Court Determines Arbitral Tribunal’s Partial Award on Liability Finally Resolved “Unnecessary” Negligence Issue
- US Court Confirms USD 21 Million Arbitral Award Against the State of Libya
- Argentinian Government Decree Sparks Dispute with Flybondi Airline
- US Court Dismisses Uni-Top Asia Investment’s Petition to Confirm International Arbitral Award For Lack of Venue
- ICSID Tribunal Deploys UNCITRAL Transparency Rules to Order Public Disclosure of Materials and Hearings in Investment Treaty Arbitration
- Paris Court of Appeal Annuls Arbitral Award Based on Achmea and PL Holdings Decisions
- Australian Court Confirms Instagram, Facebook Waived Right to Arbitration By Actively Utilising Litigation Machinery During Year Long Court Defence
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- UK Court Confirms that Arbitral Tribunal’s Failure to Mention a Witness’ Evidence Is Insufficient to Set Aside Arbitral Award
- Dominican Republic Threatens Arbitration Against AstraZeneca Citing Failure to Deliver Covid-19 Vaccines as Agreed
- Canadian-Chilean Port Operator Threatens Investment Arbitration Proceedings against Uruguay
- US District Court Denies Russian Federation’s Motion to Stay USD 50+ Billion Arbitral Awards’ Confirmation
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Paris Court of Appeal Sets Aside ICC Award For Being Contrary to International Public Policy
- Ukrainian Gas Station Operators Seek Recognition and Confirmation of Arbitral Award Against the Russian Federation Before US Court
- Tribunal Finds Russia Liable for Expropriating Ukrainian Petrol Stations in the Crimean Peninsula
- Canadian Court Relies on Arbitration Clause in Contentious Agreement Schedule to Stay Court Proceedings in Favour of Arbitration in New Zealand
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Yemeni Construction Entrepreneur Serves Uganda With Notice of Investment Dispute
- German Court Rejects Enforcement of Foreign Arbitration Award Against Eckes-Granini Group
- Settlement Agreement Between Canadian Centerra Gold Inc. And The Kyrgyz Republic Ends Kumtor Mine's Dispute
- Congo’s State Miner Gécamines Suspends Legal Proceedings Against China Molybdenum To Facilitate Independent Resolution of Royalty Payment Dispute
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- English Court Refuses To Set Aside Order Authorising Arbitration Award’s Enforcement Against Chinese National Who Did Not Personally Sign the Underlying Arbitration Agreement
- The ICSID Secretary-General Takes Note of Discontinuance of a Proceeding Against the Kingdom of Spain
- US District Court Exercises Inherent Jurisdiction to Stay Devas Applicants’ Enforcement Proceedings Without Ordering India to Post Security
- South African Court Upholds Claim For Constitutional Damages Against State President For Role in Dismantling SADC Tribunal
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- PCA Tribunal Decides It Has No Jurisdiction Over Claim Against The Czech Republic Because Claimant Had Ceased To Be An Investor When Arbitration Proceedings Commenced
- Paris Court of Appeal Dismisses Bid to Annul Arbitration Award in Favour of Cyprus
- Australian Court Declines to Exercise Inherent Power to Maintain Freezing Order to Protect Enforcement of Singaporean Judgment
- ICSID Tribunal Denies RWE’s Application for Bifurcation
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Singapore Court Confirms Order Granting Leave to Enforce Arbitral Award Despite Pathological Arbitration Clause and Service at Vacant Address
- The Impact of Conflict between Russia and Ukraine on Natural Gas Value and Availability Could Prompt the European Union to Reconsider Its Energy Priorities
- Paris Court of Appeal Affirms Exequatur Order Concerning Arbitral Award Against the Republic of Benin
- ICSID Tribunal Rejects Request for Interim Measures against the Netherlands
- UK High Court Delimits the Extent of the Duty of ‘Full and Frank Disclosure’ Following Ex Parte Application to Recognise and Enforce Arbitration Award
- US District Court Confirms Arbitration Award in Favour of the Dominican Republic
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Addiko Bank Files Arbitration Request with the ICSID Against the Republic of Slovenia
- Australia Invites Submissions Ahead of Parliamentary Approval of the Australia – UK FTA
- US Court Asserts Inherent Power to Authorise a Contingent Writ of Attachment Against the Republic of Venezuela
- Ontario’s Superior Court of Justice Dismisses Application to Set Aside ICSID Tribunal’s Decision in Nelson v Mexico
- Odyssey v Mexico ICSID Tribunal Denies Application for Leave to File a Non-Disputing Party Submission (Amicus Curiae)
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Dispute Settlement in UK-NZ Free Trade Agreement Restricted to State Parties Following NZ’s Strong Opposition to ISDS
- ICSID Tribunal Declares AFC Investment Solutions' Claim against Colombia “Manifestly without Legal Merit” Because It Was Filed Late
- How the CAS Ad Hoc Division Established Jurisdiction Over A Matter Arising 41 Days Before the Start of the Olympic Games
- Ecuador Persists with Tax Set-Off Defence in Cross-Motion Against Perenco’s Petition to Enforce ICSID Award Before US Courts
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- Mexico’s Supreme Court of Justice Annuls Canadian Investors’ Mining Permits Following State’s Failure to Consult Indigenous Peoples
- US Energy Company Monterra Serves Notice of Intent to Commence International Arbitration Proceedings Against Mexico
- Thai Government Reached A Settlement with Australian Mining Company over Long-standing Arbitration Proceedings
- Investment Arbitration News in a Nutshell
- Kazakhstan Succeeds in Having Its Fraud Claims Remanded to The New York State Supreme Court
- Another ICSID Tribunal Finds the CJEU’s Komstroy Judgement Irrelevant to the Question of its Jurisdiction
- Mexico Faces ICSID Claim Following Termination of Desalination Plant Project in Baja California
- ICSID Proceeding Against Kuwait Discontinued
- NAM Institutes Arbitration Proceedings Against The Dutch State to Clarify Compensation Payable to Groningen Residents For Damage Caused By Gas Extraction Activities
- Mexico Threatens to Scandalise U.S. Company Before International Tribunals and The UN Unless ICSID Dispute Settled
- Devas Investors Serve New Notice of Arbitration in Decade’s Long Dispute with India
- Chilean Constitutional Convention Discusses Nationalisation of Copper and Mining Exploration and Exploitation Companies
- Investment Arbitration News in a Nutshell
- New Zealand Court Sets Aside Hungary’s Protest to Jurisdiction in Recognition of ICSID Award
- US Court Orders Enforcement of Award Against Parties Who Failed to Attend Arbitration Proceedings in Wake of COVID-19 Surge and Political Turmoil
- ICSID Tribunal "Not Satisfied" That Intra-EU Arbitration Is Incompatible with EU Law, Rejects Germany's Claim Under ICSID Arbitration Rule 41(5)
- Perenco Submits Opening Brief Before US Court Regarding New Facts on Ecuador's Cross-Motion for Tax Setoff
- Gerald International Limited and Sierra Leone Agree to Discontinue ICSID Arbitration Proceedings
- Huawei Commences Arbitration Proceedings Against Sweden Before ICSID
- EU Court Sets Aside Judgment of the General Court in Micula
- INVESTMENT ARBITRATION NEWS IN A NUTSHELL
- ICSID Refers Decision to Approve Amendments to its Rules and Regulations to its Administrative Council
- English High Court Rules Against Admission of Counterclaim in Proceedings For The Enforcement of Arbitral Award
- US Appeals Court Holds it Lacks Jurisdiction to Quash Conditional Execution Measures Authorised by District Court Against Venezuela’s “Most Important US Asset”
- Canadian Court Grants Application by Indian State-Owned Agencies to Quash and Vacate Two Ex Parte Seizures before Judgment by Garnishment in Favour of Devas
- (ACABLAT II) - Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5)
- Guatemala Seeks Recognition of Arbitration Award Against Israeli Company in the United States
- UK Court Sets Aside Arbitral Award and Declares Tribunal Has Jurisdiction Based on Kazakhstan’s Implied Succession to Investment Treaty Concluded by the USSR
- Smart City Solutions Institutes ICSID Arbitration Proceedings Against Guyana Over Metered Parking System Project
- Abaclat and others v. Argentine Republic (ICSID Case No. ARB/07/5)
- Hague Court of Appeal Annuls Cairn v. India Award
- Republic of Senegal: The First State Taken to ICSID in 2022 Regarding Dispute Over Sendou Power Plant
- Czech Republic Prevails in ICSID Proceedings against Swiss Investor, Pawlowski, in Long Running Real Estate Dispute Related to Residential Development Project
- Following Constitutional Court Ordered Ban on Mining, Cornerstone Analyses Options Against Ecuador, Including Those under Canada-Ecuador BIT
- Codelco Commences Arbitration Proceedings Against Ecuador Before ICSID in Connection with Llurimagua Mining Project
- Metro de Lima Línea 2 Commences Third ICSID Arbitration Proceeding Against Peru
- Montero’s ICSID Arbitration Proceedings Claiming Tanzania Expropriated its Wigu Hill Project Underway
- ICSID Tribunal Terminates Arbitration Proceedings against Venezuela for Non-Payment of Advance Costs under ICSID Administrative and Financial Regulations
- Loftleidir Initiates ICC Claim against Cape Verde over Renationalisation of Flag Carrier Cabo Verde Airlines
- ICSID Tribunal Rejects Big Sky Energy's USD 460 million + Claim against Kazakhstan
- TC Energy Inc. Lodges Request For Arbitration Against the United States Following Revocation Of The Keystone Xl Project’s Presidential Permit
- ICSID Releases Final Working Paper on Proposed Amendments to Investor-State Dispute Rules
- What the Swedish Supreme Court said about Foreign States’ Immunity from Enforcement in Ascom and Others v the Republic of Kazakhstan
- Success in Belgium, Setback in Sweden for Kazakhstan in Proceedings to Set Aside Enforcement of Ascom’s €500+ Million Arbitral Award
- Court Identifies ‘Properly Arguable’ Fraud and Public Policy Challenge to LCIA Consent Award and Grants Extension of Time For Referral to Trial
- Sino-Germany Consortium Threatens Chile with Institution of Investment Arbitration Proceedings Concerning a Dispute over Revocation of Tender by Chile’s Civil Registry
- ICSID Tribunal Finds it Lacks Jurisdiction to Proceed with Arbitration under ICSID’s Additional Facility Rules And it Cannot Expand a Consent to Arbitration By Resorting to An MFN Clause in a Third Country BIT
- ICSID Tribunal Finds Argentina Liable for Unlawful Expropriation Based on Provincial Gaming Regulator's Decision
- When Will A Failure to Mediate Oust Arbitral Jurisdiction?
- Agreement Between Vattenfall and Germany Brings ICSID Arbitration Proceedings to An End
- Dutch Supreme Court Partially Annuls Hague Court’s Decision to Reinstate US$50 Billion Yukos Awards
- What CJEU Said About Ad Hoc Arbitration Agreements in Disputes Concerning the Application and Interpretation of EU Law
- New Arbitration Proceedings Instituted Against Republic of Congo before the ICSID
- Covinca S.A. Institutes ICSID Arbitration Proceedings Against Peru
- What The CJEU Said About Access to the ECT’s Dispute Resolution Mechanisms in Republic of Moldova v Komstroy
- Metlife Joins Other Insurance Companies in Threatening Investment Arbitration Proceedings Following Chile’s Third Early Pension Funds Withdrawal Authorisation
- What the CJEU Said About Its Jurisdiction in Republic of Moldova v Komstroy
- Ecuador ‘Blows Hot and Cold’ in Opposing US Enforcement of Parenco’s ICSID Award
- New Zealand – UK FTA Rejects Investor-State Dispute Settlement in Favour of State-to-State Mechanism
- National Courts Will Not Always ‘Second Guess’ Arbitral Tribunals’ Findings Regarding Allegations of Corruption
- Petronas files request for ICSID arbitration against Sudan
- Supreme Court of Norway Declares ‘Fosen Vind’ Project Illegal; Revokes Power Licence
- How Allegations of Corruption Are Handled Differently In and Outside The ICSID Regime
- Venezuela Abandons Appeal Against Rusoro’s USD 1 Billion + ICSID Award, Paving The Way For Enforcement Actions Around The World
- ICSID COMMITTEE Lifts Stay of Enforcement Issued in CONOCOPHILLIPS v. VENEZUELA
- Is ISDS Still Fit For Its Original Purpose?
- ICSID Tribunal Orders Mexico to Pay Canadian Company Over USD 47 Million in Compensation on Denial of Justice Grounds
- Colombia Fails to Satisfy ICSID Committee that Tribunal Committed ‘Annullable Error’ in Excluding Alleged Evidence Of Corruption
- ICSID Ad Hoc Committee Dismisses Annulment Application in Glencore and Prodeco v Columbia
- South African Court Enforces Foreign Company’s €2.75 Million International Arbitration Award Against Locally Registered Company
- What the ICSID Tribunal in Eco Oro v Colombia Said on the Merits of Eco Oro’s Claim
- US District Court Confirms US$600 Million ICC Award against The Democratic Republic of Congo Following Default Judgement Proceedings
- ‘Devas-Applicants’ Agree to Restart Enforcement Proceedings Against India to Ensure Full Compliance with Australian Foreign States Immunities Act
- ICSID Tribunal Delivers Split Decision in Eco Oro v Colombia
- What the ICSID Tribunal in Eco Oro v Colombia Said on Jurisdiction
- Settlement Agreement Brings ICSID Arbitration Proceedings Between Enel Fortuna S.A. and Panama to an End
- Annulment Committee Admits New Evidence in Annulment Proceedings That Could Establish Grounds for ICSID Award’s Annulment
- OECD Mediated Settlement Produces Novel Opt-Out Mechanism That Could Bolster Cooperation Between Investors and Local Communities
- Argentina to Challenge Outsider's Title to Enforce $320 Million ICSID Award before US Courts
- Alleging ‘Denial of Justice,’ HSBC Launches An ICSID Arbitration Against El Salvador
- New Claim Against Chile Before the ICSID
- Swiss Federal Supreme Court Affirms That Parties May Forgo The New York Convention For The Recognition and Enforcement of Their Arbitral Awards
- DC Appellate Court Prepares to Hear Arguments That the Grant of the Stay of Proceedings in the Yukos Case Was “A Clear Abuse Of Discretion”
- Australian Appellate Decision: Even Pro-Arbitration Courts Will Not Easily Excuse Fundamental Non-Compliance with The Parties’ Agreement
- Canadian Court Rules Arbitration Clause ‘Inoperative’ Based on the Conduct of the Party Seeking a Stay of Court Proceedings
- Belgian Court Finds Award and Arbitration Valid Where Arbitrators Personally Reviewed First Drafts Prepared by Tribunal Secretary
- Centerra Gold Introduces New Claims in Arbitration Proceedings Against the Kyrgyz Government to Protect its Assets at Kumtor Gold Mine
- UK Supreme Court Judgment Confirms the Enduring Relevance of Mandatory State Immunity Act (SIA) Diplomatic Service Requirements
- Ecuador's Constitutional Court Fuels Further Debate After Nixing Requirement that National Assembly Approve ICSID Convention's Ratification
- Panama's CSS Reportedly Settles $175 Million Arbitration Claim with Spain's FCC to Salvage Multi-Million Dollar 'Ciudad De La Salud' Project
- Australian Federal Court Rejects Spain's Claim of Sovereign Immunity as a Basis for not Recognising an Arbitral Award as an Order of Court in Landmark Judgment
- Australia - UK FTA Rejects Investor-State Dispute Settlement in Favour of State-To-State Dispute Settlement Mechanism
- True Blue Development Drops Bombshell ICSID Claim Against Grenadian Government
- Devas-Applicants Make out Exceptional Case to Serve Application to Join Enforcement Proceedings on India's Antrix via Email
- United Kingdom Signs a New Free Trade Agreement with EEA EFTA Countries
- Croatia and Several Banks Settle Four ICSID Arbitrations Regarding the Retroactive Conversion of Swiss Franc Denominated Loans
- Round and Round it Goes: Dutch Court Highlights Contradictions in Arbitral Tribunal's Assessment of Merck's "Denial of Justice" Claim Against Ecuador
- Canadian Miner's Malian Subsidiary Seeks Remedies Against Mali on Multiple Fronts
- Will the New Spain-Colombia Bit Model Accelerate the Transition to a Multilateral Investment Court?
- Ecuador's Re-Accession to the ICSID Convention Highlights Domestic Constitutional Controversy
- Chilena Consolidada Becomes the Second Insurance Company to Trigger a Dispute Settlement Mechanism Against Chile in Just over Five Weeks
- Investor-Group Add Their Voice to Calls for Development of Green Trade Agenda
- New ICC Arbitration Proceedings Bring into Sharp Focus the Debate on Global Pandemic’s Social and Economic Impact
- The Ecuadorian Government Announced its Intention to Initiate a Recourse Action Against Former Government Authorities, Including Former President Rafael Correa, in Connection with the Perenco Case
- US Court Grants Stay of Proceedings with Due Deference to ICSID Regime
- The Netherlands’ Attempts to Bypass ICSID Dispute Settlement Doomed to Fail
- Mexican Federal Judges Suspend Controversial Hydrocarbon Act
- Argentina Reveals Plans to Review and Replace All BITs
- Ohio National Life Insurance Group S.A. Triggers Dispute Resolution Mechanism Under the U.S.-Chile FTA Agreement
- Controversy over Apparent Conflict of Interest by Member of the UK Government's Recently Created Investment Council
- America Móvil to Seek Annulment of ICSID Arbitration Award