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The World Trade Organization rules against China in raw materials dispute; ruling could serve as precedent for WTO challenge against China on rare earth materials
- King & Spalding LLP
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- China, Global, USA
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- August 1 2011
On July 5, a World Trade Organization dispute settlement panel issued its public findings in response to complaints brought by the United States, the European Union, and Mexico against Chinese export restraints on certain raw materials
ExxonMobil files ICSID arbitration proceedings against Venezuela; energy investors in South America on alert as more World Bank departures threatened
- Herbert Smith Freehills LLP
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- Global, Venezuela
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- October 31 2007
On 6 September 2007, US-based ExxonMobil (Exxon) filed a Request for Arbitration with the International Centre for Settlement of Investment Disputes (ICSID) over Venezuela’s nationalisation of oil operations in the Orinoco belt
The rights (and wrongs) of capture: international law and the implications of the GuyanaSuriname arbitration
- Herbert Smith Freehills LLP
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- Global
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- June 17 2008
If the pen is mightier than the sword, the world will continue to offer glittering prizes to those with stout hearts and sharp lawyers
Tribunal in $100 billion Yukos arbitration rules Russia bound by Energy Charter Treaty
- Pillsbury Winthrop Shaw Pittman LLP
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- Global, Russia
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- December 21 2009
In a decision that has potentially far-reaching implications for investors in Russia’s energy sector, as well as energy investments in other countries that have signed or ratified the Energy Charter Treaty ("ECT"), on November 30, 2009 an arbitral tribunal at the Permanent Court of Arbitration in The Hague ruled that it had jurisdiction over a claim that Russia violated the ECT
ICSID tribunal in Plama v Bulgaria finds no ECT protection for fraudulent investors
- Herbert Smith Freehills LLP
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- Bulgaria, Global
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- November 20 2008
A tribunal of distinguished arbitrators, sitting under the auspices of the International Centre for the Settlement of Investment Disputes ("ICSID"), recently dismissed all the claims brought by Plama Consortium Limited ("Plama") against Bulgaria under the Energy Charter Treaty ("ECT"
International boundary disputes - hints for states, lessons for oil companies
- Herbert Smith Freehills LLP
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- Global
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- June 9 2010
International boundary disputes where natural resources are implicated may be said to involve three sets of interested parties: the two States disputing sovereignty and the group of oil companies claiming through them
Costs and moral damages: reflections on Europe Cement Investment & Trade, SA v. Republic of Turkey
- White & Case LLP
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- Global, Turkey
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- October 30 2009
Investment arbitration tribunals generally have broad discretion in awarding costs, often based on considerations such as the relative success and the conduct of the parties (e.g., to deter bad faith or frivolous claims
Challenging a host State's tax measures through international arbitration
- King & Spalding LLP
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- Global
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- August 1 2011
The economics of an independent power project or of an oil and gas project can be severely impacted if a host State changes the tax regime applicable to the project after an investor has committed its capital
Venezuela withdraws from the World Bank's International Centre for Settlement of Investment Disputes
- Milbank, Tweed, Hadley & McCloy LLP
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- Global, Venezuela
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- January 31 2012
The World Bank received, on January 24, 2012, “written notice of denunciation of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) from the República Bolivariana de Venezuela
Breaking new ground: “interim measures” (interim relief) in international arbitrations involving energy investments
- King & Spalding LLP
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- Global
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- June 1 2011
The sharp rise in international arbitrations filed by energy companies in recent years has yielded an increasing number of interim measures applications
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