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New Devas Arbitration Notice Clarifies The Grounds Relied Upon In Support of USD 1.3 Million Claim Against India

12 May 2022, by Diego Luis Alonso Massa

As previously reported by TAO [see here], the three Devas shareholders – CC/Devas (Mauritius) Ltd, Telcom Devas Mauritius Limited and Devas...

ICSID Tribunal Rejects Request for Interim Measures against the Netherlands

16 March 2022, by Diego Luis Alonso Massa

In the ICSID Tribunal’s view, there is no conflict at this stage between Netherlands’ international law and EU law obligations. It...

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Another ICSID Tribunal Finds the CJEU’s Komstroy Judgement Irrelevant to the Question of its Jurisdiction

17 February 2022, by Diego Luis Alonso Massa, Dean Ehrlich

When does an ICSID or ECT tribunal have the authority to apply EU law? When do principles of sub-systems of international law – such as EU law...

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US Appeals Court Holds it Lacks Jurisdiction to Quash Conditional Execution Measures Authorised by District Court Against Venezuela’s “Most Important US Asset”

In a judgment delivered on 18 January 2022, the United States Court of Appeals for the Third Circuit (“the Third Circuit Appeals Court”)...

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ICSID Tribunal Finds it Lacks Jurisdiction to Proceed with Arbitration under ICSID’s Additional Facility Rules And it Cannot Expand a Consent to Arbitration By Resorting to An MFN Clause in a Third Country BIT

17 November 2021, by Diego Luis Alonso Massa, Dean Ehrlich

The Arbitral Tribunal concluded that it lacked jurisdiction over claims by three Kimberly-Clark subsidiaries because Venezuela had not consented to...

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