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Tribunal navigates the procedural minefield in Abaclat v Argentina, issuing its 17th procedural order

Herbert Smith Freehills LLP
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Global
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February 14 2013

On 8 February 2013, the majority of the tribunal in the famous Abaclat and Others v Argentina case issued its 17th procedural order. The first such

Colombia withdraws from ICJ over Nicaragua v Colombia ruling

Herbert Smith Freehills LLP
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Global
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December 12 2012

On 19 November 2012, the principal judicial organ of the United Nations, the International Court of Justice (the “ICJ“), ruled that Colombia has sovereignty over seven disputed islands in the western Caribbean but granted Nicaragua control of a large amount of the surrounding waters and seabed

Record award against Ecuador demonstrates willingness of tribunal to review state decisions on grounds of proportionality

Herbert Smith Freehills LLP
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Ecuador, Global
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October 15 2012

In an award notified to the parties on 5 October 2012 (the Award), the majority of a three-member arbitral tribunal established under the ICSID Convention has directed the Republic of Ecuador (Ecuador or the Respondent) to pay US companies Occidental Petroleum Corporation (Occidental) and Occidental Exploration and Production Company (OEPC)(collectively, the Claimants) damages in the sum of approximately USD1.77 billion (if interest is taken into account it has been reported that this sum would exceed USD2.3 billion

Corporate crime update

Herbert Smith Freehills LLP
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Global, United Kingdom, USA
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June 15 2012

The Ministry of Justice (MoJ) has published a consultation on proposals to introduce a new enforcement tool: Deferred Prosecution Agreements (DPA

The ICJ firmly upholds principles of sovereign immunity in its recent judgment in the case of Germany v Italy

Herbert Smith Freehills LLP
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Germany, Global, Italy
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March 8 2012

On 3 February 2012, the International Court of Justice ('ICJ') gave judgment in favour of Germany in respect of proceedings against Italy alleging violations of sovereign immunity

International Court of Justice declines jurisdiction in dispute between Georgia and the Russian Federation

Herbert Smith Freehills LLP
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Georgia, Global, Russia
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May 24 2011

On 1 April 2011, the International Court of Justice (the “ICJ”) decided it had no jurisdiction to hear an application by Georgia concerning Russia's international responsibility for “actions on and around the territory of Georgia” in breach of the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (the “CERD”

ICSID annulment awards: the fourth generation?

Herbert Smith Freehills LLP
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Global
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February 18 2011

Christoph Schreuer, a professor at the University of Vienna, has said that there are "three generations of ICSID annulment decisions"

First two successful challenges by states under ICSID's summary dismissal procedure

Herbert Smith Freehills LLP
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Global
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February 8 2011

In 2006, the ICSID Rules were amended to introduce Rule 41(5), which allows a party to raise a preliminary objection that claims brought against it are "manifestly without merit"

Failure to observe treaty's cooling off period results in tribunal declining jurisdiction

Herbert Smith Freehills LLP
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Global
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February 8 2011

In a decision in December 2010, an ICSID tribunal in Murphy v Ecuador ruled that it did not have jurisdiction due to the claimants' failure to comply with the six month "cooling-off" period specified in the US-Ecuador BIT

Investment treaty award annulled for manifest excess of powers in failure to apply BIT defence of necessity

Herbert Smith Freehills LLP
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Argentina, Global
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October 5 2010

In Sempra Energy International v The Argentine Republic, an ICSID annulment committee granted Argentina's application for annulment

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Search results

Tribunal navigates the procedural minefield in Abaclat v Argentina, issuing its 17th procedural order

Colombia withdraws from ICJ over Nicaragua v Colombia ruling

Record award against Ecuador demonstrates willingness of tribunal to review state decisions on grounds of proportionality

Corporate crime update

The ICJ firmly upholds principles of sovereign immunity in its recent judgment in the case of Germany v Italy

International Court of Justice declines jurisdiction in dispute between Georgia and the Russian Federation

ICSID annulment awards: the fourth generation?

First two successful challenges by states under ICSID's summary dismissal procedure

Failure to observe treaty's cooling off period results in tribunal declining jurisdiction

Investment treaty award annulled for manifest excess of powers in failure to apply BIT defence of necessity

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