INTERNATIONAL ARBITRATION 1/3LY
NOTABLE CASES
> ICSID, 3 NOVEMBER 2015: AN ICSID TRIBUNAL HAS REJECTED A CLAIM BY ADEL A HAMADI AL TAMIMI AGAINST OMAN. AL TAMIMI’S COMPANY, EMROCK, HAD A LEASE WITH A STATE-OWNED MINING COMPANY IN OMAN FOR QUARRYING OF LIMESTONE. AFTER THE TERMINATION OF THE LEASE, AL TAMIMI FILED A USD 273 MILLION CLAIM SPARKING THE FIRST-EVER ICSID CASE AGAINST OMAN. > S TOCKHOLM CHAMBER OF COMMERCE, 22 JANUARY 2016: SPAIN HAS WON ITS FIRST ENERGY CHARTER TREATY CASE RESULTING FROM A CLAIM FROM TWO DUTCH INVESTORS. FOLLOWING REFORMS TO ITS RENEWABLE ENERGY SECTOR, THE INVESTORS FILED A EUR 10 MILLION CLAIM FOR BREACHES UNDER THE ENERGY CHARTER TREATY. THE STOCKHOLM CHAMBER OF COMMERCE (SCC) TRIBUNAL RULED IN FAVOUR OF SPAIN AND ORDERED THE INVESTORS TO PAY TOWARDS COSTS. > ICSID, 4 DECEMBER 2015: A DIVIDED TRIBUNAL IN THE HAGUE DECLINED JURISDICTION IN A EUR 450 MILLION ICSID CLAIM BY GRUPO FRANCISCO HERNANDO CONTRERAS, A SPANISH CONSTRUCTION GROUP AGAINST EQUATORIAL GUINEA. THE CLAIM RELATED TO A DISPUTE REGARDING A JOINT-VENTURE PROJECT TO BUILD HOMES AND SPORTING FACILITIES IN EQUATORIAL GUINEA. IT WAS FILED IN 2012 UNDER THE SPAIN-EQUATORIAL GUINEA BIT AND ICSID’S ADDITIONAL FACULTY RULES AS EQUATORIAL GUINEA IS NOT A SIGNATORY OF THE ICSID CONVENTION. THE TRIBUNAL DECLINED JURISDICTION AS THE EXISTENCE OF AN INVESTMENT AS DEFINED BY THE BIT WAS NOT PROVEN BY THE INVESTOR.
> P ERMANENT COURT OF ARBITRATION DECEMBER 17 2015: AUSTRALIA HAS DEFEATED AN ARBITRATION CLAIM CONCERNING A DISPUTE OVER TOBACCO PLAIN PACKAGING, BROUGHT BY PHILIP MORRIS ASIA LIMITED (PMA) UNDER THE AUSTRALIA- HONG KONG BILATERAL INVESTMENT TREATY. THE PERMANENT COURT OF ARBITRATION (PCA) TRIBUNAL ISSUED A DECISION ON JURISDICTION AND ADMISSIBILITY DISMISSING THE INVESTOR’S CLAIM. > ICC, 2 FEBRUARY 2016: AN ICC TRIBUNAL HAS SUBMITTED A PARTIAL AWARD REGARDING A DISPUTE BETWEEN TURKISH PIPELINE OPERATOR BOTA AND THE NATIONAL IRANIAN GAS COMPANY (NIGS). THE AWARD GRANTS BOTA A DISCOUNT ON THE PRICE OF GAS EXPORTS FROM NIGS FOLLOWING TWO ICC CLAIMS IN 2012.
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