Top Tweets for #ICSIDRepRetro
#ICSIDRepRetro umbrella 6: Ortiz v Algeria 20 ICSID Rep 571 (summary/translation: D Charlotin @iareporter); different language versions of umbrella clause; claim dismissed, as Algeria was not party to contracts claimant signed with State-owned businesses:
https://t.co/CI0bUaQ7kb
#ICSIDRepRetro umbrella 5: Noble Ventures v Romania 16 ICSID Rep 210; umbrella clauses introduce exception to general separation of obligations under municipal and international law, and should be interpreted strictly: https://t.co/BVjf37a11v
#ICSIDRepRetro umbrella 4: Eureko v Poland 12 ICSID Rep 331; tribunal found a breach of the umbrella clause, endorsing the SGS v Philippines interpretative approach and giving weight to the effet utile and location of the clause in the BIT: https://t.co/PIiCCcD5zb
#ICSIDRepRetro umbrella 3: Pan American v Argentina 17 ICSID Rep 41; tribunal endorses SGS v Pakistan interpretation and holds that umbrella clause does not extend the tribunal’s jurisdiction, which only covers ‘investment agreements’: https://t.co/LHhnEvUqiZ
#ICSIDRepRetro umbrella 1-2: SGS v Pakistan 8 ICSID Rep 383 & SGS v Philippines 8 ICSID Rep 515, the early cases adopting drastically different approaches on the meaning & effect of umbrella clauses:
https://t.co/6ywCfBD0LQ
https://t.co/A7vJKzxo9x
This #ICSIDRepRetro focuses on umbrella clauses in #ISDS. In a recent note for @ICSID Review, Zachary Douglas defends a functional interpretation of umbrella clauses against the rival theory of automatic elevation of contract breaches into treaty breaches https://t.co/TE2D5IO6xA
#ICSIDRepRetro asgmt 4: CSOB v Slovakia 5 ICSID Rep 330; tribunal rejected assertion that the assignment of the claim after the initiation of proceedings deprived claimant of its standing.
https://t.co/R4cPHJiR0a
#ICSIDRepRetro asgmt 3: Mihaly v Sri Lanka 6 ICSID Rep 308; tribunal held that a Canadian company could not assign to its US partner (the claimant) an ICSID claim that it could not bring itself due to Canada not being a member of the ICSID Convention.
https://t.co/u5XtFh7GgI
#ICSIDRepRetro asgmt 2: Loewen v USA 7 ICSID Rep 421; applying a ‘continuous nationality’ rule, tribunal declined jurisdiction over the NAFTA claims following their assignment to a Canadian corporation owned and controlled by a US corporation.
https://t.co/8rGm8qFmp8
#ICSIDRepRetro asgmt 1: CME v Czech Republic 9 ICSID Rep 113; tribunal rejected objection that BIT breaches occurred before shares acquisition, holding that any claims deriving from predecessor’s investment (also covered by BIT) follow the assigned shares
https://t.co/kIjyPudi0G
To set the scene for this week's #ICSIDRepRetro, check this article by @Claussen_K @GeorgetownLaw offering an insightful analysis of the law of int'l claims trade, engaging with relevant jurisprudence and suggesting ways forward @cardozoLRev
https://t.co/OEsrumsWpG
#ICSIDRepRetro crim 5: Hamester v Ghana 20 ICSID Rep 164 (summary G Alvarez-Avila & J McGlaughlin @CurtisLawFirm); State entitled to exercise sovereign powers to investigate/prosecute crim acts; no evidence that crim proceedings breached treaty obligations
https://t.co/8Fy4eu4wgH
#ICSIDRepRetro crim 4: Tokios Tokelés v Ukraine 11 ICSID Rep 305; tribunal denied provisional measures request to enjoin the criminal proceedings against the General Director of claimant’s subsidiaries in Ukraine for lack of necessity and urgency:
https://t.co/G9zZjfPxrq
#ICSIDRepRetro crim 3: Yaung Chi Oo v Myanmar 8 ICSID Rep 452; tribunal dismissed the claimant’s request for stay of all domestic criminal and civil proceedings as unnecessary, considering that any possible loss could be repaired by monetary compensation:
https://t.co/NhaA2jLKCn
#ICSIDRepRetro crim 2: Gavrilović v Croatia 20 ICSID Rep 512 (summary by Z Kady & C Devine @Gibsondunn); tribunal declined to suspend domestic criminal investigation due to lack of evidence that the investigation would infringe the investors’ rights:
https://t.co/tD262VYeEs
#ICSIDRepRetro crim 1: Quiborax v Bolivia 18 ICSID Rep 393 (summary by O Marsden &Y Mantilla @Freshfields); tribunal ordered suspension of domestic criminal proceedings until completion of arbitration; held evidence from criminal proceedings admissible:
https://t.co/ArX3CBBMo2
To set the scene for this week’s #ICSIDRepRetro on #ISDS and domestic criminal proceedings, check this 2020 article by L Uilenbroek (@LinklatersLLP) on the power of investment tribunals to enjoin domestic criminal proceedings through interim measures:
https://t.co/U88t4uBmYp
#ICSIDRepRetro futility 5: Loewen v USA 7 ICSID Rep 421; in the context of denial of justice claim, tribunal found that there were other reasonably available courses of action before domestic courts and held that claimant failed to exhaust local remedies: https://t.co/8rGm8qFUeG
#ICSIDRepRetro futility 4: Philip Morris v Uruguay 18 ICSID Rep 450 (summary by @hailes_oliver @LSELaw); in the context of denial of justice claim, claimant must prove that ELR condition was met or that no remedy was available or was obviously futile: https://t.co/OjcQDW4xia
#ICSIDRepRetro futility 3: Ethyl v Canada 7 ICSID Rep 2; tribunal found that 6-month cooling off period under NAFTA did not bar the claim as any consultation seemed impossible, analogising this rule with exhaustion of local remedies and futility exception: https://t.co/vswnzXQFDn
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