ITN Quarterly March 2024
Insights
ISDS and Fossil Fuels: What role for a carveout?, by Lukas Schaugg, Suzy Nikièma, and Nathalie Bernasconi
Successful Regional Investment Negotiations as a tool for IIAs Reform: A Multi-Identity Perspective, by Moataz M. Hussein
Awards and Decisions
English High Court allows challenge to arbitral award for having been obtained by fraud and in violation of public policy (The Federal Republic of Nigeria v Process & Industrial Developments Limited, [2023] EWHC 2638 (Comm)), by Meher Tandon
ICSID tribunal rejects Spanish power company claims – no legitimate expectations of market framework improvement (Orazul International España Holdings S.L. v Argentine Republic, ICSID Case No. ARB/19/25,), by Domenico Ricciuto
The ICSID Tribunal in BSG Resources v. Guinea finds that licences were obtained through corruption (BSG Resources Limited (in administration), BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea (I), ICSID Case No. ARB/14/22), by Letizia Ceccarelli, Hoda Ghassabian and Lorenzo Poggi
ICSID tribunal upholds Guatemala’s preliminary objection against the import of 10 umbrella clauses through an MFN clause while rejecting and joining to the merits the remaining preliminary objections raised by the state (Grupo Energía Bogotá S.A. E.S.P. and Transportadora de Energía de Centroamérica S.A. v. Republic of Guatemala, ICSID Case No. ARB/20/48, Decision on Preliminary Objections, November 24, 2023), by María Rosario Tejada
ICSID tribunal finds Hungary in violation of its BIT obligations and awards damages to Sodexo Pass International (Sodexo Pass International SAS v. Hungary, Award, ICSID Case No. ARB/14/20), by Mihai Coca-Constantinescu
An ICSID tribunal further restricts the scope of security for costs applications (Vercara LLC (formerly Security Services LLC, formerly Neustar, Inc) v. Republic of Colombia, ICSID Case No. ARB/20/7, Decision on security for costs, September 27, 2023), by Théo Tibère
News in brief
UNCITRAL 46th Session zoned in on the Advisory Centre for Investment Dispute Resolution
EU and Canada issue joint interpretative statements on CETA investment standards
Annual WTO Ministerial Conference wraps up in Abu Dhabi
UNCITRAL 7th Inter-sessional Meeting of Working Group III in Belgium
OECD Conference discussed climate action carveout from ISDS
UNIDROIT and ICC are working on investment contract harmonisation
The International Seabed Authority discussing deep sea-bed mining
