Tag: Case Files

When the Energy Transition Meets Investment Protection Vattenfall v Germany rose from Germany’s decision to accelerate the phase-out of nuclear power following the Fukushima nuclear disaster in 2011. Vattenfall and its co-investors held interests in the Brunsbüttel and Krümmel nuclear power plants in Germany and challenged measures affecting those investments under the Energy Charter Treaty…

When Environmental Harm Becomes an Investor Counterclaim Burlington v Ecuador is a particularly important case for the development of State counterclaims for environmental harm in investment arbitration. The Dispute: Burlington invested in Ecuador’s oil sector through participation in hydrocarbon concessions covering Blocks 7 and 21 in the Ecuadorian Amazon. The dispute arose after Ecuador terminated…

What happens when a State’s public-health regulations affect the value and use of a foreign investment? Philip Morris v Uruguay placed that question at the centre of an ICSID arbitration concerning tobacco control, trademarks and the State’s regulatory authority.

What happens when an investment dispute concerns a service essential to the enjoyment of a fundamental human right? Urbaser v Argentina placed the right to water, investor responsibilities and State counterclaims at the centre of an investment arbitration.

When a Contractual Arbitration Clause Meets Statutory Tax Power The dispute Heritage Oil & Gas v URA (Uganda Revenue Authority) arose out of a petroleum Production Sharing Agreement concluded between Heritage and the Government of Uganda. The PSA contained an UNCITRAL arbitration clause for disputes that could not be amicably resolved. Heritage subsequently sold its…

Mining-Licence Cancellation and the Boundary Between Regulation and Expropriation The dispute Nachingwea v Tanzania concerned the Ntaka Hill Nickel Project in south-eastern Tanzania. The claimants’ group had developed the project over many years and held rights associated with mining licences and retention rights over the project area. The dispute arose following legislative and regulatory reforms…

Corruption, Transnational Public Policy and the Limits of Investment Protection The Dispute: World Duty Free v Kenya concerned a contractual dispute arising from the claimant’s involvement in Kenya’s duty-free airport business. The claimant alleged that Kenya had interfered with its investment and sought relief through ICSID arbitration. Kenya’s response was unusually fundamental: it argued that…

Community Opposition, Social Licence and Investor Protection The Dispute: Bear Creek Mining Corporation v Peru concerned the proposed Santa Ana silver mining project in the Puno region of Peru. Bear Creek, a Canadian mining company, held mining concessions associated with the project and alleged that Peru had breached the Canada–Peru Free Trade Agreement after the…

Taxation, Treaty Protection and Settlement Before the Merits The dispute Total E & P Uganda BV v Uganda arose from an investment in Uganda’s oil sector and involved allegations concerning taxation. The case was brought under the Netherlands–Uganda BIT and the ICSID Convention.1 Unlike Cortec, Biwater or Nachingwea, however, the dispute never reached a published…

Public Regulation, Fair and Equitable Treatment and the Cost of Expropriation Claims The Dispute: Biwater Gauff v Tanzania arose from a private-sector water and sanitation project in Dar es Salaam. Biwater Gauff entered into arrangements concerning the operation and management of water infrastructure, but the project subsequently deteriorated into a major dispute between the investor…

When Domestic Compliance Becomes a Jurisdictional Gatekeeper The Dispute: Cortec Mining v Kenya arose from the attempted development of a rare-earth and niobium mining project at Mrima Hill on the Kenyan coast. The claimants held a Special Prospecting Licence and subsequently obtained Special Mining Licence 351, which permitted exploitation of the project. Kenya later suspended…