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Surge in cases as ICSID releases its 2023 caseload statistics
On 1 February 2024, the International Centre for Settlement of Investment Disputes (ICSID) released its caseload statistics for the 2023 calendar year, …
ICSID Tribunal declines jurisdiction due to claimants' failure to obtain environmental impact assessment in breach of local law
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining …
Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …
Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor's contributory action and failure to obtain a social license
In an award dated 30 November 2017 (the "Award"), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the …
Doing business in Africa: human rights and crisis management
Stéphane Brabant, Partner, and Yann Alix, Senior Associate, have published an article on doing business in Africa, focussing on the need …
Churchill Mining v Indonesia: ICSID Tribunal takes cautious approach to request for provisional measure
On July 8, 2014, a tribunal composed of Professor Gabrielle Kaufmann-Kohler (President), Michael Hwang S.C., and Professor Albert Jan van den Berg (the …
Rise in arbitration in the extractive industries
According to a recent report from think-tank Chatham House, arbitration cases have increased nearly fourfold between 2001 and 2010 in the …
Showing 7 out of 7 results