national security (civil war), public order (raids by armed forces)
UK-Sri Lanka BIT
1987
ICSID
ICSID
Asian Agricultural Products Ltd. (AAPL)
NA
UK
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 460,000 (plus interest) against respondent state. Tribunal required respondent state to pay 60% of arbitration costs as well as 1/3 of legal costs of claimant.
Case pending, but apparently discontinued after notice of arbitration filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Hungary
transportation (airports), privatization (airports), public contracting (airport construction and operation)
Cyprus-Hungary BIT
2003
ICSID
ICSID
ADC Affiliate Limited
ADC & ADMC Management Ltd.
Cyprus
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 76 million (including interest) against respondent state. Tribunal required respondent state to pay USD 7.6 million toward arbitration and legal costs of claimant.
Kaplan replaced Philip after establishment of original tribunal but before award on jurisdiction.
United States of America
international trade (Buy America), transportation (highways), public contracting (highway construction, federal aid)
NAFTA
2000
ICSID AF
ICSID SG
ADF Group Inc.
NA
Canada
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Orrego Vicuna replaced El-Kosheri and Grisay replaced Giovannini after establishment of original tribunal but before award on jurisdiction.
Bolivia
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage), public order (protests)
Netherlands-Bolivia BIT
2001
ICSID
ICSID
Aguas del Tunari S.A.
NA
Netherlands
Tribunal accepted jurisdiction. Case subsequently settled by agreement of claimant and respondent state.
land use planning (residential development), environmental protection (land conservation)
US-Kazakhstan BIT
2001
ICSID
ICSID
AIG Capital Partners Inc.
CJSC Tema Real Estate Company
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 10 million (plus interest) against respondent state.
public order (looting by armed forces), national security (civil war)
US-Zaire BIT
1993
ICSID
ICSID
American Manufacturing & Trading, Inc.
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 9 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state. Case subsequently settled by agreement of claimant and respondent.
energy (nuclear), industrial policy (nuclear), privatization (nuclear industry)
ECT
2005
SCC
SCC
Limited Liability Company Amto
NA
Latvia
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
agriculture (sugar subsidies), industrial policy (sugar), employment (sugar cane growers), international affairs (dispute over access to U.S. sugar market), international trade (WTO and NAFTA state-to
NAFTA
2003
ICSID AF
ICSID SG
Archer Daniels Midland Company
Tate & Lyle Ingredients America Inc.
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 33 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
administration of justice (court decisions, enforcement of arbitral awards), public contracting (dike construction)
Turkey-Jordan BIT
2008
ICSID
ICSID
ATA Construction, Industrial, and Trading Company
NA
Turkey
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and ordered domestic courts of respondent state to allow contract arbitration to proceed. Tribunal did not mention damages against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Argentina
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage), monetary system (financial crisis, currency reform)
UK-Argentina BIT
2003
UNCITRAL
ICSID (not designated by PCA)
AWG Group Ltd.
NA
UK
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Award on damages pending as of 1 August 2010.
local government (waste management), public contracting (waste management)
NAFTA
1997
ICSID AF
ICSID SG
Azinian, Robert
Davitian, Kenneth
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Feliciano replaced Watts after establishment of original tribunal but before award on jurisdiction.
Argentina
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage)
US-Argentina BIT
2001
ICSID
ICSID
Azurix
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 165 million (plus interest) against respondent state. Tribunal required respondent state to pay virtually all arbitration costs.
transportation (highways), public contracting (highway construction), administration of justice (court decisions)
Turkey-Pakistan BIT
2002
ICSID
ICSID
Bayindir Insaat Turizm Ticaret Ve Sanayi A.S. A.S.
NA
Turkey
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 185 million (plus interest) against respondent state. Tribunal required respondent state to pay all arbitration costs as well as legal costs of claimant.
Case pending, although reportedly inactive since filing of notice of arbitration, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Tanzania
public health (potable water), human rights (health, access to water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage)
UK-Tanzania BIT
2005
ICSID
ICSID
Biwater Gauff (Tanzania) Ltd.
NA
UK
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, but awarded no damages against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 156,000 (including interest) against respondent state. Tribunal required respondent state to pay all arbitration costs.
indigenous rights (Amazonian indigenous peoples), public health (environmental health), environmental protection (pollution of rainforest), resource management (oil), public contracting (oil productio
US-Ecuador BIT
2008
ICSID
ICSID
Burlington Resources Inc.
NA
USA
Tribunal accepted jurisdiction over claim. Case pending as of 1 August 2010.
Case pending, but apparently inactive after notice of claim filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
United States of America
international trade (lumber imports, countervailing and anti-dumping duties)
NAFTA
2002
UNCITRAL
ICSID SG (not designated by PCA)
Canfor Corporation
Terminal Forest Products Ltd. (MERGED claimant)
Canada
Tribunal accepted jurisdiction over claim. Claim subsequently consolidated (see Tembec v USA and Terminal v USA). Claim withdrawn as required by Softwood Lumber Agreement of 2006 between Canada and USA. Tribunal split arbitration costs between claimant and respondent state.
agriculture (sugar subsidies), industrial policy (sugar), employment (sugar cane growers), international affairs (dispute over access to U.S. sugar market), international trade (WTO and NAFTA state-to
NAFTA
2004
ICSID AF
ICSID SG (not designated by PCA)
Cargill, Incorporated
Cargill de Mexico S.A. de C.V.
USA
Case pending, but apparently discontinued after notice of arbitration filed, as of 1 August 2010.
privatization (oil refinery), administration of justice (court decisions)
US-Kazakhstan BIT
2001
SCC
SCC
CCL
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage)
France-Argentina BIT
1996
ICSID
ICSID
Compagnie Generale des Eaux
Compania de Aguas del Aconquija, S.A.
France
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Decision subsequently annulled by ICSID annulment committee and new tribunal established to re-hear the claim.
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage)
France-Argentina BIT
2003
ICSID
ICSID
Vivendi Universal S.A. (formerly Companie Generale des Eaux)
Compania de Aguas del Aconquija
France
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 105 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state, but required respondent state to pay approximately USD 700,000 (plus interest) of legal costs of claimant.
public health (pesticides), environmental protection (pollution, biodiversity), agriculture (pesticide regulation), international trade (canola exports)
NAFTA
2001
UNCITRAL
ICSID SG (not designated by PCA)
Chemtura Corporation
NA
USA
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 270 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 133 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
public health (environmental health), environmental protection (groundwater protection, pollution), resource management (gold mining)
CAFTA
2009
ICSID
DU
Commerce Group Corp
San Sebastian Gold Mines, Inc.
USA
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Canada
DU
NAFTA
2004
UNCITRAL
DU
Connolly, Albert J.
Brownfields Holding, Inc.
USA
No tribunal established to hear claim because formal claim was not filed.
NA
Morocco
transportation (highways), public contracting (highway construction)
Italy-Morocco BIT
2000
ICSID
ICSID
Consortium R.F.C.C.
NA
Italy
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
social security (workers accident insurance), privatization (social security), monetary system (financial crisis, currency reform)
US-Argentina BIT
2003
ICSID
ICSID
Continental Casualty
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 2.8 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
broadcasting (television), culture (content production subsidies), employment (cultural industries)
NAFTA
2004
DU
DU
Contractual Obligations Productions, LLC
Underwood, Charles Robert
USA
No tribunal established to hear claim because formal claim was not filed.
NA
Mexico
agriculture (sugar subsidies), industrial policy (sugar), employment (sugar cane growers), international affairs (dispute over access to U.S. sugar market), international trade (WTO and NAFTA state-to
NAFTA
2003
ICSID AF
ICSID SG
Corn Products International Inc.
NA
USA
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Other information unavailable. Award on damages not public as of 1 August 2010.
Serrano de la Vega replaced Torn after establishment of original tribunal but before award on jurisdiction.
Yemen
transportation (highways), public contracting (highway construction)
Oman-Yemen BIT
2005
ICSID
ICSID
Desert Line Projects LLC
NA
Oman
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 18 million (plus interest) against respondent state. Tribunal requires respondent state to pay 70% of arbitration costs, as well as USD 400,000 toward legal costs of claimant.
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
United States of America
international trade (lumber imports, countervailing and anti-dumping duties, WTO dispute settlement), administration of justice (domestic tribunal and court decisions), industrial policy (lumber)
NAFTA
2002
DU
DU
Doman Industries Limited
NA
Canada
Case pending, but apparently discontinued after notice of claim filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
United States of America
international trade (lumber imports, countervailing and anti-dumping duties, WTO dispute settlement), administration of justice (domestic tribunal and court decisions), industrial policy (lumber)
NAFTA
2007
DU
DU
Domtar Inc.
NA
Canada
Case pending, but apparently inactive after notice of claim filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Canada
public health (pesticides), environmental protection (pollution)
NAFTA
2008
UNCITRAL
ICSID SG (not designated by PCA)
Dow AgroSciences LLC
NA
USA
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Ecuador
utilities (electricity), public contracting (electric power procurement), border control (customs), tax (import taxes)
US-Ecuador BIT
2004
ICSID
ICSID
Duke Energy
Ecuador
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 5.7 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately EUR 25 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction, but award not publicly available as of 1 August 2010. Case suspended since 2008 by agreement of claimant and respondent state as of 1 August 2010.
public order (corruption investigations), border control (customs), tax (duty-free regime), international relations (European Union accession)
UK-Romania BIT
2005
ICSID
ICSID
EDF (Services) Limited
NA
UK
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state, but required claimant to pay USD 6 million toward legal costs of respondent state.
tax (value-added tax), public contracting (oil production), resource management (oil)
Canada-Ecuador BIT
2003
UNCITRAL
PCA (default)
EnCana Corporation
NA
Canada
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal apparently split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 106 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state. Decision of tribunal subsequently annulled by ICSID annulment committee.
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Trinidad and Tobago
resource management (oil), public contracting (oil exploration)
US-Trinidad and Tobago BIT
2001
ICSID
ICSID
F-W Oil Interests, Inc
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Claimant and respondent state then settled on damages of approximately USD 760,000 (including interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
tax (excise tax on cigarettes), border control (customs, gray market exports of cigarettes)
NAFTA
1999
ICSID AF
ICSID SG
Feldman Karpa, Marvin Roy
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 1.7 million (including interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
monetary system (financial crisis, bank bailout), financial regulation (banking)
NAFTA
2001
ICSID AF
ICSID SG
Fireman
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 266 million (plus interest) against respondent state. Award of original tribunal not publicly available as of 1 August 2010.
administration of justice (property registration), public order (seizure of facilities), environmental protection (land conservation)
NAFTA
2002
UNCITRAL
DU
Frank, Frank J.
NA
USA
Case pending, but apparently discontinued after notice of arbitration filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Philippines
transportation (airports), privatization (airport), public contracting (airport construction and operation), administration of justice (court decisions)
Germany-Philippines BIT
2003
ICSID
ICSID
Fraport AG Frankfurt Airport Services Worldwide
NA
Germany
Tribunal rejected jurisdiction over claim. Tribunal split arbitration costs between claimant and respondent state.
agrarian reform (land redistribution), public order (occupations of farms)
Netherlands-Zimbabwe BIT
2003
ICSID
ICSID
Bernardus Henricus Funnekotter
Others
Netherlands
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 8.2 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
transportation (automobile registration), privatization (public administration, information management), administration of justice (court decisions, human rights investigations), public order (seizure
France-Mexico BIT
2001
ICSID AF
ICSID
Gemplus S.A.
SLP S.A.
France
Information unavailable. Award no publicly available as of 1 August 2010.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal required claimant to pay all arbitration costs, as well as USD 100,000 toward legal costs of respondent state.
Paulsson replaced Shihata after establishment of original tribunal but before award on jurisdiction.
Estonia
financial regulation (banking), administration of justice (bankruptcy administration)
US-Estonia BIT
1999
ICSID
ICSID
Alex Genin
Eastern Credit Limited Inc.
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Case pending, although reportedly inactive since filing of notice of arbitration, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Canada
agriculture (milk production quotas), international trade (WTO dispute settlement), employment (dairy industry), international relations (WTO settlement with U.S. and New Zealand), administration of j
NAFTA
2006
UNCITRAL
DU
GL Farms Inc
Adams, Carl
USA
Case pending, although reportedly inactive since filing of notice of arbitration, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
United States of America
resource management (gold mining), indigenous rights (culture), culture (Native American heritage), environmental protection (land conservation, mining remediation)
NAFTA
2003
UNCITRAL
ICSID SG (not designated by PCA)
Glamis Gold Ltd.
NA
Canada
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal required claimant to pay 2/3 of arbitration costs.
Hubbard replaced Morgan after establishment of original tribunal but before award on jurisdiction.
Burundi
DU
Belgium-Burundi BIT
1995
ICSID
ICSID
Antoine Goetz
others
Belgium
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Claimant and respondent state then settled on USD 3 million in damages against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Case pending, but apparently discontinued after notice of intent filed, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Egypt
tourism (hotels regulation), public contracting (operation of hotels)
Denmark-Egypt BIT
2005
ICSID
ICSID
Helnan International Hotels A/S
NA
Denmark
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal required claimant to pay 75% of arbitration costs as well as USD 1.1 million toward legal costs of respondent state.
transportation (canals), public contracting (canal dredging), administration of justice (court decisions)
Belgium-Egypt BIT
2004
ICSID
ICSID
Jan de Nul N.V.
Dredging International N.V.
Belgium
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal rejected jurisdiction over claim. Tribunal split arbitration costs between claimant and respondent state. Case subsequently settled after an annulment tribunal was constituted but before any award on annulment was issued.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 57 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state, but required claimant to pay approximately USD 23,000 toward legal costs of claimant.
administration of justice (civil lawsuit, court decisions)
NAFTA
1998
ICSID AF
ICSID SG
Loewen Group Inc.
NA
Canada
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 405,000 (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
utilities (electricity), public contracting (electric power procurement)
US-Ecuador BIT
2002
ICSID
ICSID
MCI Power Group L.C.
New Turbine inc
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
international trade (lumber exports), international relations (Canada-U.S. Softwood Lumber Agreement)
NAFTA
2006
UNCITRAL
ICSID SG (not designated by PCA)
Merrill and Ring Forestry L.P.
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
public health (hazardous waste), local government (waste management), land use planning (waste disposal approvals), environmental protection (land conservation)
NAFTA
1996
ICSID AF
ICSID SG
Metalclad Corporation
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 17 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
monetary system (financial crisis, currency reform)
Chile-Argentina BIT
2003
ICSID
ICSID
Metalpar S.A.
Buen Aire S.A
Chile
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
international trade (cement imports), administration of justice (bankruptcy administration)
Greece-Egypt BIT
1999
ICSID
ICSID
Middle East Cement Shipping and Handling Co. S.A.
NA
Greece
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 3.7 million (including interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state. Award on jurisdiction not publicly available as of 1 August 2010.
public order (raid on lawyers office), administration of justice (imprisonment of lawyers)
US-Zaire BIT
1999
ICSID
DU
Mitchell, Patrick
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 750,000 million (plus interest) against respondent state. Tribunal required respondent state to pay USD 95,000 toward arbitration and legal costs of claimant. Award of original tribunal not publicly available as of 1 August 2010. Decision subsequently annulled by ICSID annulment committee.
administration of justice (court decisions), public contracting (urban development), local government (urban planning)
NAFTA
1999
ICSID AF
ICSID SG
MondevInternational Ltd.
NA
Canada
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
land use planning (residential development), local government (urban planning)
Malaysia-Chile BIT
2001
ICSID
ICSID
MTD Equity Sdn. Bhd.
MTD Chile S.A.
Malaysia
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 5.9 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Rigo Sureda replaced Aguilar Alvarez, Lalonde replaced Carter, and Oreamuno Blanco replaced Reisman after establishment of original tribunal but before award on jurisdiction.
Serbia
privatization (copper factory), public contracting (mineral extraction and metallurgy), administration of justice (court decisions)
Greece-Yugoslavia BIT
2004
UNCITRAL
Schreuer, Christoph (designated by PCA)
Mytilineos Holdings SA
NA
Greece
Tribunal accepted jurisdiction. Case apparently pending as of 1 August 2010.
telecommunications (cellular telephones), administration of justice (court decisions)
UK-Czech Rep BIT
2002
SCC
SCC
Nagel, William
NA
UK
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal required claimant to pay 90% of arbitration costs as well as 80% of legal costs of respondent state.
utilities (electricity), privatization (energy), monetary system (financial crisis, currency reform)
UK-Argentina BIT
2003
UNCITRAL
PCA (default)
National Grid PLC
NA
UK
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 54 million (plus interest) against respondent state. Tribunal required respondent state to pay 75% of arbitration costs.
privatization (steel mill), administration of justice (bankruptcy administration), public order (occupations of steel mill), industrial policy (steel)
US-Romania BIT
2001
ICSID
ICSID
Noble Ventures Inc.
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
utilities (natural gas, tariffs), public contracting (power plant construction)
ECT
2001
SCC
SCC
Nykomb Synergetics Technology Holding AB
NA
Sweden
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 3 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state, but required respondent state to pay approximately USD 275,000 toward legal costs of claimant.
tax (value-added tax), public contracting (oil production)
US-Ecuador BIT
2002
UNCITRAL
PCA (default)
Occidental Exploration and Production Company
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 75 million (plus interest) against respondent state. Tribunal required respondent state to pay 55% of arbitration costs.
financial regulation (banking), monetary system (financial crisis)
Peru-Paraguay BIT
1997
ICSID
ICSID
Olguin, Eudoro Armando
NA
Peru
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
public order (looting of construction project), administration of justice (court decisions), financial regulation (Ponzi scheme)
Greece-Albania BIT
2007
ICSID
ICSID
Pantechniki S.A. Contractors & Engineers
NA
Greece
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
privatization (parking services), public order (enforcement of parking fees), cultural heritage (architecture preservation), local government (urban planning)
Norway-Lithuania BIT
2005
ICSID
ICSID
Parkerings-Compagniet AS
NA
Norway
Tribunal accepted jurisdiction over claim, but decided that tribunal did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Ecuador
resource management (oil), public contracting (oil production)
France-Ecuador BIT
2008
ICSID
ICSID
Perenco Ecuador Ltd.
NA
France
Case pending, with no decision on jurisdiction, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Canada
border control (immigration, work visas)
NAFTA
2005
DU
DU
Pesic, Peter Nikola
NA
USA
Claim withdrawn before tribunal established.
NA
Kyrgyzstan
utilities (natural gas), energy (heating crisis), public contracting (gas supply), administration of justice (bankruptcy administration)
ECT
DU
SCC
SCC
Petrobart Limited
NA
Gibraltar
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Other information unavailable. Award not publicly available as of 1 August 2010.
Kyrgyzstan
utilities (natural gas), energy (heating crisis), public contracting (gas supply), administration of justice (bankruptcy administration)
ECT
2003
SCC
SCC
Petrobart Limited
NA
Gibraltar
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 1.1. million against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded over USD 10 million against respondent state. Tribunal required respondent state to pay 75% of arbitration costs as well as USD 2 million toward legal costs of claimant.
Lalive replaced Rezek, Chemloul replaced Bedjaoui, and Gaillard replaced Witker Velasquez after establishment of original tribunal but before award on jurisdiction.
Czech Republic
administration of justice (court decisions), tax (investigations), border control (customs)
Croatia-Czech Rep BIT
2004
ICSID
ICSID
Phoenix Action Ltd
NA
Croatia
Tribunal rejected jurisdiction over claim. Tribunal split arbitration costs between claimant and respondent state.
environmental protection (environmental liability), administration of justice (bankruptcy administration), public order (occupations of oil refinery), tax (corporate income tax), privatization (oil re
ECT
2002
ICSID
ICSID
Plama Consortium Ltd.
NA
Cyprus
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal required claimant to pay all arbitration costs as well as legal costs of respondent state.
Information unavailable. Award not publicly available as of 1 August 2010.
Canada
international relations (Canada-U.S. Softwood Lumber Agreement), international trade (lumber exports), administrative of justice (quota compliance investigation)
NAFTA
1998
UNCITRAL
ICSID SG (not designated by PCA)
Pope & Talbot Inc.
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 460,000 (plus interest) against respondent state. Tribunal required respondent to pay approximately 65% of arbitration costs.
energy (coal), privatization (power plant construction), utilities (electricity)
US-Turkey BIT
2002
ICSID
ICSID
PSEG Global Inc.
The North American Coal Corporation
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 9 million (plus interest) against respondent state. Tribunal requires respondent state to pay 65% of arbitration costs as well as 65% of legal costs of claimant. Respondent state pays approximately USD 13.6 million in arbitration and legal costs.
telecommunications (cellular telephones), administration of justice (court decisions)
Turkey-Kazakhstan BIT
2005
ICSID
ICSID
Rumeli Telekom A.S.
Telsim Mobil Telekomikasyon Hizmetleri A.S.
Turkey
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 125 million (plus interest) against respondent state. Tribunal required respondent state to pay 50% of arbitration and legal costs of claimant.
Information unavailable. Award not publicly available as of 1 August 2010.
Bangladesh
public contracting (pipeline construction), energy (gas pipeline)
Italy-Bangladesh BIT
2004
ICSID
ICSID
Saipem S.p.A.
NA
Italy
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 6.3 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
energy (hydroelectric), public contracting (dam construction)
Italy-Jordan BIT
2002
ICSID
ICSID
Salini Costruttori S.P.A.
Italstrade S.p.A.
Italy
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
environmental protection (waste disposal), public health (hazardous waste), international relations (Basel Convention), public contracting (waste disposal)
NAFTA
1998
UNCITRAL
ICSID SG (not designated by PCA)
SD Myers
NA
USA
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 6 million (plus interest) against respondent state. Tribunal required respondent state to pay approximately 75% of arbitration costs as well as approximately USD 319,000 toward legal costs of claimant.
public contracting (use of public buildings), public order (police training)
Germany-USSR BIT
1996
SCC
SCC
Sedelmayer, Franz
NA
Germany
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 2.4 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 164 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state. Decision of tribunal subsequently annulled by ICSID annulment committee.
administration of justice (bankruptcy administration, court decisions)
NAFTA
2008
DU
DU
Shiell, Janet Marie Broussard
Shiell IV, William
USA
Case pending, although reportedly inactive since filing of notice of arbitration, as of 1 August 2010.
Tribunal not established as of 1 August 2010.
Egypt
public contracting (tourism development), public order (seizure of facilities), administration of justice (court decisions)
Italy-Egypt BIT
2005
ICSID
ICSID
Waguih Elie George Siag
Clorinda Vecci
Italy
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 75 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state, but required respondent state to pay USD 6 million toward legal costs of claimant.
privatization (public administration, information management), border control (immigration), social security (information management), elections (information management), monetary system (financial cr
Germany-Argentina BIT
2002
ICSID
ICSID
Siemens A.G.
NA
Germany
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 277 million (including interest) against respondent state. Tribunal required respondent state to pay 75% of arbitration costs.
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage), monetary system (financial crisis, currency reform)
France-Argentina BIT, Spain-Argentina BIT
2003
ICSID
ICSID
Suez
InterAguas Servicios Integrales del Agua S.A.
France
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Award on damages pending as of 1 August 2010.
public health (potable water), utilities (water and sewage), privatization (operation of water system), local government (water and sewage), monetary system (financial crisis, currency reform)
France-Argentina BIT, Spain-Argentina BIT
2003
ICSID
ICSID
Suez
Vivendi Universal S.A.
France
Tribunal accepted jurisdiction over claim and decided that respondent state violated treaty. Award on damages pending as of 1 August 2010.
resource management (water), international trade (bulk water exports)
NAFTA
1998
UNCITRAL
DU
Sun Belt Water, Inc.
NA
USA
No tribunal established to hear claim because formal claim not filed.
NA
Latvia
maritime affairs (ports administration), administration of justice (bankruptcy administration)
Sweden-Latvia BIT
1999
UNCITRAL
SCC (designated by PCA)
SwemBalt AB
NA
Sweden
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 2.5 million (plus interest) against respondent state. Tribunal required respondent state to pay all arbitration costs as well as legal costs of claimant.
environmental protection (pollution), public health (hazardous waste), local government (waste management, municipal elections)
Spain-Mexico BIT
2000
ICSID AF
ICSID
Tecnicas Medioambientales Tecmed S.A.
NA
Spain
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 5.5 million (plus interest) against respondent state. Tribunal split arbitration costs between claimant and respondent state.
international trade (lumber imports, countervailing and anti-dumping duties)
NAFTA
2004
UNCITRAL
ICSID SG (not designated by PCA)
Tembec
NA
Canada
Tribunal accepted jurisdiction over claim. Claim subsequently consolidated (see Canfor v USA and Terminal v USA). Claim withdrawn as required by Softwood Lumber Agreement of 2006 between Canada and USA. Tribunal required claimant to pay all arbitration costs.
international trade (lumber imports, countervailing and anti-dumping duties)
NAFTA
2004
UNCITRAL
ICSID SG (not designated by PCA)
Terminal
NA
Canada
Tribunal accepted jurisdiction over claim. Claim subsequently consolidated (see Canfor v USA and Tembec v USA). Claim withdrawn as required by Softwood Lumber Agreement of 2006 between Canada and USA. Tribunal split arbitration costs between claimant and respondent state.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
public contracting (facilities management), administration of justice (domestic tribunal decision), international trade (NAFTA provisions on government procurement)
NAFTA
2001
DU
DU
Trammell Crow Company
NA
USA
Claim withdrawn before tribunal established.
NA
Jordan
resource management (oil)
US-Jordan BIT
2007
ICSID
ICSID
Trans-Global Petroleum Inc.
NA
USA
Case settled by agreement of claimant and respondent state before any decision on jurisdiction.
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Briner replaced Veeder and Stern replaced Paulsson after establishment of original tribunal but before award on jurisdiction.
Germany
energy (coal), resource management (water, rivers), environmental protection (wildlife conservation), local government (environmental approvals, municipal elections)
ECT
2009
ICSID
ICSID
Vattenfall AB
Vattenfall Europe AG
DU
Case pending, with no decision on jurisdiction, as of 1 August 2010.
transportation (highways), public contracting (highway construction), privatization (operation of toll highway)
Germany-Thailand BIT
2005
UNCITRAL
ICC Court President (not designated by PCA)
Walter Bau Ag (In Liquidation)
NA
Germany
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately EUR 29 million (plus interest) against respondent state. Tribunal required respondent state to pay EUR 1.8 million toward arbitration and legal costs of claimant.
Bunnag replaced Valaisathien after establishment of original tribunal but before award on jurisdiction.
Mexico
local government (waste management), public contracting (waste disposal), public order (prohibition of waste removal by third parties), employment (informal economy)
NAFTA
1998
ICSID AF
ICSID SG
Waste Management, Inc.
NA
USA
Tribunal rejected jurisdiction over claim. Tribunal required claimant to pay all arbitration costs.
Siqueiros replaced Trevino Azcue after establishment of original tribunal but before award on jurisdiction.
Mexico
local government (waste management), public contracting (waste disposal), public order (prohibition of waste removal by third parties), employment (informal economy)
NAFTA
2000
ICSID AF
ICSID SG
Waste Management, Inc.
NA
USA
Tribunal accepted jurisdiction over claim, but decided that respondent state did not violate treaty. Tribunal split arbitration costs between claimant and respondent state.
Magallon Gomez replaced Aguilar Alvarez after establishment of original tribunal but before award on jurisdiction.
Egypt
tourism (hotels regulation), public contracting (operation of hotels), public order (seizures of facilities)
UK-Egypt BIT
1998
ICSID
ICSID
Wena Hotels Limited
NA
UK
Tribunal accepted jurisdiction over claim, decided that respondent state violated treaty, and awarded approximately USD 21 million (plus interest) against respondent state. Information on allocation of arbitration and legal costs is unavailable.