1 |
2023
|
AET v. Germany
|
Azienda Elettrica Ticinese v. Federal Republic of Germany (ICSID Case No. ARB/23/47)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Germany |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
2 |
2023
|
Basel and Waldmann v. Georgia
|
Basel LLC and Ronald Waldmann v. Georgia (ICSID Case No. ARB/23/23)
|
Georgia - Switzerland BIT (2014) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Georgia |
Switzerland |
Tertiary: L - Real estate activities |
68 - Real estate activities |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
3 |
2023
|
Glencore and others v. Colombia (IV)
|
Glencore International A.G., C.I. Prodeco S.A., Consorcio Minero Unido S.A. and Carbones de la Jagua S.A. v. Republic of Colombia (IV) (ICSID Case No. ARB/23/50)
|
Colombia - Switzerland BIT (2006) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Colombia |
Switzerland |
Primary: B - Mining and quarrying |
5 - Mining of coal and lignite |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
4 |
2023
|
Suntech v. Italy
|
Suntech Power International Ltd. v. Italian Republic (ICSID Case No. ARB/23/14)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investment in renewable energy generation project.
Summary: |
Investment in renewable energy generation project. |
Pending
|
Italy |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Data not available |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
5 |
2023
|
United Agencies and others v. Algeria (II)
|
United Agencies Limited SA, Mediterranean Shipping Company Algérie SARL and Maghrebine des Transports & Auxiliaires SARL v. People’s Democratic Republic of Algeria (II) (ICSID Case No. ARB/23/30)
|
Algeria - Switzerland BIT (2004) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Algeria |
Switzerland |
Tertiary: H - Transportation and storage |
52 - Warehousing and support activities for transportation |
Paulsson, J. - President
Scherer, M. - Claimant
Gharavi, H. G. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
6 |
2022
|
Schelling and others v. Tanzania
|
Dieter Emil Schelling, Flora Netiwe Schelling, Ras Bamba Hotel Limited, Ras Bamba Sailing Club Limited and Oyster Camp Limited V. The United Republic of Tanzania (PCA Case No. 2023-13)
|
Switzerland - United Republic of Tanzania BIT (2004) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Pending
|
Tanzania, United Republic of |
Switzerland |
Tertiary: I - Accommodation and food service activities |
55 - Accommodation |
Affaki, G. - President
Mohtashami, R. - Claimant
Khan, M. A. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
7 |
2021
|
APG SGA and Alma Quattro v. Serbia
|
APG SGA SA and D.O.O. za promet i usluge Alma Quattro Beograd v. Republic of Serbia (ICSID Case No. ARB/21/13)
|
Serbia - Switzerland BIT (2005) |
ICSID |
ICSID |
Investment: Shareholding of 100% in Alma Quattro d.o.o., an advertising company in Serbia.
Summary: Claims arising out of Belgrade local authorities’ alleged infringement of Alma Quattro’s long-term exclusive contract for outdoor advertising services with the city of Belgrade. According to the claimants, the city of Belgrade violated this contract by granting a concession for the operation of digital advertising panels to a competitor in 2020. |
Shareholding of 100% in Alma Quattro d.o.o., an advertising company in Serbia. |
Pending
|
Serbia |
Switzerland |
Tertiary: J - Information and communication |
58 - Publishing activities |
Miles, W. J. - President
Townsend, J. M. - Claimant
Scherer, M. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
8 |
2021
|
Glencore v. Colombia (III)
|
Glencore International A.G. v. Republic of Colombia (III) (ICSID Case No. ARB/21/30)
|
Colombia - Switzerland BIT (2006) |
ICSID |
ICSID |
Investment: Shareholding in Carbones del Cerrejón Limited (Cerrejón), a company operating the La Puente coal mining project in northern Colombia.
Summary: Claims arising out of an order of Colombia’s constitutional court to suspend Cerrejón’s partial modification of Bruno creek, a water stream that passes through the La Puente mining project area. |
Shareholding in Carbones del Cerrejón Limited (Cerrejón), a company operating the La Puente coal mining project in northern Colombia. |
Pending
|
Colombia |
Switzerland |
Primary: B - Mining and quarrying |
5 - Mining of coal and lignite |
Sacco, S. - President
Hanotiau, B. - Claimant
McRae, D. M. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
9 |
2021
|
Montenero v. China
|
Eugenio Montenero v. People's Republic of China
|
China - Switzerland BIT (2009) |
UNCITRAL |
Data not available |
Investment: Shareholding of 50% in h&m Production, a musical festival company incorporated in Hong Kong.
Summary: Claims arising out of a local government’s alleged refusal to authorize a jazz festival in Hainan province in 2014 that the claimant’s company had developed as an annual festival starting with an event in 2013. |
Shareholding of 50% in h&m Production, a musical festival company incorporated in Hong Kong. |
Pending
|
China |
Switzerland |
Tertiary: R - Arts, entertainment and recreation |
90 - Creative, arts and entertainment activities |
Data not available |
5.00 mln CHF (5.60 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
10 |
2021
|
Philip Morris and others v. Ukraine
|
Philip Morris International Inc. and others v. Ukraine (ICSID Case No. ARB/21/3)
|
Switzerland - Ukraine BIT (1995)
Ukraine - United States of America BIT (1994) |
ICSID |
ICSID |
Investment:
Summary: |
|
Discontinued
|
Ukraine |
Switzerland
United States of America |
Secondary: C - Manufacturing |
12 - Manufacture of tobacco products |
Bethlehem, D. - President
Rees, P. - Claimant
Stern, B. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 dated 28 January 2022 |
None |
None |
None |
None |
None |
None |
11 |
2021
|
RSE v. Latvia (II)
|
R.S.E. Holdings AG v. Republic of Latvia (II) (PCA Case No. 2022-41)
|
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Investments in renewable energy projects.
Summary: Claims arising out of the Government’s alleged modification of its energy regulatory framework, including its renewable energy
incentives programmes. |
Investments in renewable energy projects. |
Pending
|
Latvia |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Stein, E. - President
Happ, R. - Claimant
Sacco, S. - Respondent |
11.00 mln EUR (10.90 mln USD)
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
12 |
2021
|
Stucky and Bernard v. Jordan
|
Stucky Ltd and Bernard Gruppe ZT GmbH v. The Hashemite Kingdom of Jordan (PCA Case No. 2022-08)
|
Austria - Jordan BIT (2001)
Jordan - Switzerland BIT (2001) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Pending
|
Jordan |
Austria
Switzerland |
Tertiary: F - Construction |
42 - Civil engineering |
Greenwood, C. - President
Schill, S. - Claimant
Slim, H. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
13 |
2020
|
United Agencies v. Algeria (I)
|
United Agencies Limited SA v. People’s Democratic Republic of Algeria (I) (ICSID Case No. ARB/20/1)
|
Algeria - Switzerland BIT (2004) |
ICSID |
ICSID |
Investment:
Summary: |
|
Decided in favour of investor
|
Algeria |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Hanotiau, B. - President
Patocchi, P. M. - Claimant
Bencheneb, A. - Respondent |
Data not available
|
36.00 mln USD
|
Transfer of funds |
Transfer of funds |
Award dated 25 July 2022 |
Dissenting Opinion by Ali Bencheneb |
None |
None |
None |
None |
None |
14 |
2020
|
Zurich v. Bolivia
|
Zurich Insurance Company Ltd & Zurich South America Invest AB v. Plurinational State of Bolivia (PCA Case No. 2021-05)
|
Bolivia, Plurinational State of - Switzerland BIT (1987) |
UNCITRAL |
PCA |
Investment: Majority shareholding in Futuro de Bolivia S.A., a pension fund administrator.
Summary: Claims arising out of the planned transfer of pension fund administration from Futuro de Bolivia to a public entity, following the 2010 enactment of a law that nationalized the country’s pension fund sector. |
Majority shareholding in Futuro de Bolivia S.A., a pension fund administrator. |
Pending
|
Bolivia, Plurinational State of |
Switzerland |
Tertiary: K - Financial and insurance activities |
65 - Insurance, reinsurance and pension funding, except compulsory social security |
Perezcano Diaz, H. - President
Cairns, D. J. A. - Claimant
Sornarajah, M. - Respondent |
129.10 mln USD
|
Data not available
|
Data not available |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
15 |
2019
|
Chevron v. Philippines
|
Chevron Overseas Finance GmbH v. The Republic of the Philippines (PCA Case No. 2019-25)
|
Philippines - Switzerland BIT (1997) |
UNCITRAL |
PCA |
Investment: 45% interest in the Malampaya consortium that operates the Malampaya Deepwater Gas-to-Power Project.
Summary: |
45% interest in the Malampaya consortium that operates the Malampaya Deepwater Gas-to-Power Project. |
Discontinued
|
Philippines |
Switzerland |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
van den Berg, A. J. - President
Alexandrov, S. A. - Claimant
Mourre, A. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Award dated 6 October 2020 |
None |
None |
None |
None |
None |
None |
16 |
2019
|
Glencore and others v. Colombia (II)
|
Glencore International A.G., C. I. Prodeco S.A., and Sociedad Portuaria Puerto Nuevo S.A. v. Republic of Colombia (II) (ICSID Case No. ARB/19/22)
|
Colombia - Switzerland BIT (2006) |
ICSID |
ICSID |
Investment: Concession contract for Puerto Nuevo, a public services port for the export of coal in the municipality of Ciénaga, northern Colombia.
Summary: Claims arising out of the building and maintenance of an access channel related to Puerto Nuevo, a port constructed and operated by the claimants under a 30-year concession agreement signed with Colombia’s national infrastructure agency in 2011. |
Concession contract for Puerto Nuevo, a public services port for the export of coal in the municipality of Ciénaga, northern Colombia. |
Pending
|
Colombia |
Switzerland |
Tertiary: H - Transportation and storage |
52 - Warehousing and support activities for transportation |
Cremades, B. M. - President
Price, D. M. - Claimant
von Wobeser, C. - Respondent |
59.40 mln USD
|
Data not available
|
Data not available |
Pending |
Decision on the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 8 March 2021 |
None |
None |
None |
None |
None |
None |
17 |
2019
|
Nord Stream 2 v. EU
|
Nord Stream 2 AG v. European Union (PCA Case No. 2020-07)
|
The Energy Charter Treaty (1994) |
UNCITRAL |
PCA |
Investment: Investments in a pipeline project to transport gas from the Russian Federation to the German coast via the Baltic Sea, including contracts for the supply of pipes, long term gas transportation agreements and financing agreements with several lenders.
Summary: Claims arising out of the EU’s actions related to the EU Gas Directive amendment of 2019 that impact new gas transmission lines to and from third countries and allegedly put the Nord Stream 2 gas pipeline project at a disadvantage, by treating it as ineligible for a derogation from the amended Directive that existing pipelines benefit from. |
Investments in a pipeline project to transport gas from the Russian Federation to the German coast via the Baltic Sea, including contracts for the supply of pipes, long term gas transportation agreements and financing agreements with several lenders. |
Pending
|
European Union |
Switzerland |
Tertiary: H - Transportation and storage
Tertiary: F - Construction |
49 - Land transport and transport via pipelines
42 - Civil engineering |
Ramírez Hernández, R. - President
Unterhalter, D. - Claimant
Sands, P. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Most-favoured nation treatment
Arbitrary, unreasonable and/or discriminatory measures
Other |
Pending |
Data not available |
Data not available |
None |
None |
None |
None |
None |
18 |
2019
|
Panamericana Televisión and others v. Peru
|
Panamericana Televisión S.A., Katerine Verónica Schütz Dalmau, Ernest Victor Schütz Freundt and Lorena Vivian Schütz Freundt v. The Republic of Peru (PCA Case No. 2019-26)
|
Peru - Switzerland BIT (1991) |
UNCITRAL |
PCA |
Investment: Investments in Panamericana Televisión S.A.
Summary: Claims arising out of a 2001 judicial resolution placing Panamericana Televisión under temporary administration, suspending the rights of its shareholders as well as the exercise of the functions of its board of directors. |
Investments in Panamericana Televisión S.A. |
Decided in favour of State
|
Peru |
Switzerland |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
Júdice, J. M. - President
Rodríguez, R. A. - Claimant
Derains, Y. - Respondent |
460.00 mln USD
|
Data not available
|
Indirect expropriation |
None - all claims dismissed at the merits stage |
Final Award dated 1 December 2022 |
None |
None |
None |
None |
None |
None |
19 |
2018
|
Conseil Economique v. The State of Kuwait
|
Conseil Economique Des Pays Musulmans v. Kuwait (PCA Case No. 2018-35)
|
Kuwait - Switzerland BIT (1998) |
UNCITRAL |
PCA |
Investment:
Summary: |
|
Discontinued
|
Kuwait |
Switzerland |
Data not available |
Data not available |
Kalicki, J. E. - President
Singh Ahuja, K. - Claimant
Tanzi, A. M. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Award dated 9 June 2020 |
None |
None |
None |
None |
None |
None |
20 |
2018
|
EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Spain
|
EBL (Genossenschaft Elektra Baselland) and Tubo Sol PE2 S.L. v. Kingdom of Spain (ICSID Case No. ARB/18/42)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Spain |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Kalicki, J. E. - President
Nilsson, B. G. H. - Claimant
Ruiz Fabri, H. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
21 |
2018
|
Festorino and others v. Poland
|
Festorino Invest Limited, Fosontal Limited, Petra Salesny, Peter Derendinger and Petr Rojicek v. Republic of Poland (SCC Case No. 2018/098)
|
The Energy Charter Treaty (1994) |
SCC |
SCC |
Investment: Ownership (100%) of Blue Gas N’R’G Holding sp. z o.o., holding four Blue Gas subsidiaries to develop six natural gas mining projects with power plants (Uników, Wrzosowo, Stanowice, Międzyzdroje, Zakrzewo and Lelików).
Summary: Claims arising out of Government authorities’ alleged arbitrary and discriminatory conduct in administrative proceedings to grant licenses for the claimants’ gas exploration and mining projects. According to the claimants, Government authorities caused unjustified delays that resulted in the bankruptcy and shutdown of Blue Gas subsidiaries. |
Ownership (100%) of Blue Gas N’R’G Holding sp. z o.o., holding four Blue Gas subsidiaries to develop six natural gas mining projects with power plants (Uników, Wrzosowo, Stanowice, Międzyzdroje, Zakrzewo and Lelików). |
Decided in favour of State
|
Poland |
Austria
Cyprus
Czechia
Switzerland |
Primary: B - Mining and quarrying |
6 - Extraction of crude petroleum and natural gas |
Cremades, B. M. - President
Hobér, K. - Claimant
Douglas, Z. - Respondent |
Data not available
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
National treatment
Most-favoured nation treatment
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Award dated 30 June 2021 |
None |
None |
None |
None |
None |
None |
22 |
2018
|
Schindler v. Korea
|
Schindler Holding AG v. Republic of Korea (PCA Case No. 2019-44)
|
EFTA - Korea Investment Agreement (2005) |
UNCITRAL |
PCA |
Investment: Minority shareholding in Hyundai Elevator Co. Ltd.
Summary: Claims arising out of the government authorities’ alleged failure to exercise financial oversight related to Hyundai Elevator’s share capital increases and other measures taken by the controlling shareholders, including the ultimate use of the corporate funds. Such actions allegedly caused significant impairments to the claimant’s participation rights in Hyundai Elevator as the second largest shareholder. |
Minority shareholding in Hyundai Elevator Co. Ltd. |
Pending
|
Korea, Republic of |
Switzerland |
Secondary: C - Manufacturing |
28 - Manufacture of machinery and equipment n.e.c. |
Shore, L. - President
Malintoppi, L. - Claimant
Kaplan, N. - Respondent |
300.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Pending |
None |
None |
None |
None |
None |
None |
None |
23 |
2018
|
VIP Kyrgyzstan and Menacrest v. Kyrgyzstan
|
VIP Kyrgyzstan Holding AG and Menacrest AG v. Kyrgyz Republic (PCA Case No. 2019-29)
|
Kyrgyzstan - Switzerland BIT (1999) |
UNCITRAL |
PCA |
Investment: Majority shareholding (50.1%) in Sky Mobile LLC, a local mobile network operator.
Summary: |
Majority shareholding (50.1%) in Sky Mobile LLC, a local mobile network operator. |
Settled
|
Kyrgyzstan |
Switzerland |
Tertiary: J - Information and communication |
61 - Telecommunications |
Beechey, J. - President
Lew, J. D. M. - Claimant
Griffith, G. - Respondent |
73.80 mln USD
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order Terminating the Proceedings dated 12 November 2021 |
None |
None |
None |
None |
None |
None |
24 |
2017
|
DCM Energy and others v. Spain
|
DCM Energy GmbH & Co. Solar 1 KG, DCM Energy GmbH & Co. Solar 2 KG, Edisun Power Europe A.G., Hannover Leasing Sun Invest 2 Spanien Beteiligungs GmbH, and Hannover Leasing Sun Invest 2 Spanien GmbH & Co. KG v. Kingdom of Spain (ICSID Case No. ARB/17/41)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment:
Summary: |
|
Pending
|
Spain |
Germany
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Malinvaud, C. - President
Garibaldi, O. M. - Claimant
Dupuy, P.-M. - Respondent |
Data not available
|
Data not available
|
Data not available |
Pending |
None |
None |
None |
None |
None |
None |
None |
25 |
2017
|
Diag and Šťáva v. Czechia
|
Diag Human SE and Josef Šťáva v. The Czech Republic (PCA Case No. 2018-20)
|
Czech Republic - Switzerland BIT (1990) |
Ad hoc |
PCA |
Investment:
Summary: |
|
Decided in favour of investor
|
Czechia |
Switzerland |
Secondary: C - Manufacturing |
21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations |
Hanotiau, B. - President
Price, D. M. - Claimant
Knieper, R. - Respondent |
52000.00 mln CZK (2209.50 mln USD)
|
8300.00 mln CZK (352.70 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 18 May 2022 |
None |
Judicial review by national courts |
Pending (Judicial review by national courts) |
None |
None |
None |
26 |
2017
|
Pawlowski and Projekt Sever v. Czech Republic
|
Pawlowski AG and Projekt Sever s.r.o. v. Czech Republic (ICSID Case No. ARB/17/11)
|
Czech Republic - Switzerland BIT (1990) |
ICSID |
ICSID |
Investment: Ownership of land acquired for real estate development in Benice, a district in the southeast of Prague.
Summary: Claims arising out of the Government’s alleged frustration of the claimants’ real estate development project through legal proceedings related to a land use plan which had permitted construction on the claimants’ land. |
Ownership of land acquired for real estate development in Benice, a district in the southeast of Prague. |
Decided in favour of neither party (liability found but no damages awarded)
|
Czechia |
Switzerland |
Tertiary: F - Construction |
41 - Construction of buildings |
Beechey, J. - Claimant
Fernández-Armesto, J. - President
Lowe, V. - Respondent |
5266.60 mln CZK (237.20 mln USD)
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Award dated 1 November 2021 |
None |
ICSID annulment proceedings |
Pending (ICSID annulment proceedings) |
None |
None |
van Haersolte-Van Hof, J. J. - President
Ohara, Y. - Member
Pawlak, D. - Member |
27 |
2016
|
Glencore International and C.I. Prodeco v. Colombia (I)
|
Glencore and Prodeco v. Republic of Colombia (I) (ICSID Case No. ARB/16/6)
|
Colombia - Switzerland BIT (2006) |
ICSID |
ICSID |
Investment: Ownership of C.I. Prodeco S.A., a thermal coal producer holding a concession for the Calenturitas mine in Northern Colombia.
Summary: Claims arising out of the Government’s alleged unlawful interference with the coal concession contract, including its initiation of proceedings to challenge the validity of the amendment agreed by the parties in 2010 and imposition of royalties allegedly in excess of what is owed under the contract. |
Ownership of C.I. Prodeco S.A., a thermal coal producer holding a concession for the Calenturitas mine in Northern Colombia. |
Decided in favour of investor
|
Colombia |
Switzerland |
Primary: B - Mining and quarrying |
5 - Mining of coal and lignite |
Fernández-Armesto, J. - President
Garibaldi, O. M. - Claimant
Thomas, J. C. - Respondent |
593.80 mln USD
|
19.10 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Award dated 27 August 2019 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 21 September 2021 (English) (ICSID annulment proceedings)
Decision on Annulment dated 21 September 2021 (Spanish) (ICSID annulment proceedings) |
None |
Greenwood, C. - President
Cooper-Rousseau, B. - Member
Jones, D. - Member |
28 |
2015
|
OperaFund and Schwab v. Spain
|
OperaFund Eco-Invest SICAV PLC and Schwab Holding AG v. Kingdom of Spain (ICSID Case No. ARB/15/36)
|
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Investments in two photovoltaic projects, the “PASO Project” in Majorca and the “ECO 3 Project” in Badajoz, through special purpose vehicles and participative loans held by wholly-owned subsidiaries Paso-Palma Sol Gestión de Proyectos, S.L. and Ecoinversión en Extremadura 3 S.L.
Summary: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers. |
Investments in two photovoltaic projects, the “PASO Project” in Majorca and the “ECO 3 Project” in Badajoz, through special purpose vehicles and participative loans held by wholly-owned subsidiaries Paso-Palma Sol Gestión de Proyectos, S.L. and Ecoinversión en Extremadura 3 S.L. |
Decided in favour of investor
|
Spain |
Malta
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply
Tertiary: H - Transportation and storage |
35 - Electricity, gas, steam and air conditioning supply
49 - Land transport and transport via pipelines |
Böckstiegel, K.-H. - President
Reinisch, A. - Claimant
Sands, P. - Respondent |
42.00 mln EUR (46.40 mln USD)
|
29.30 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 6 September 2019
Decision on the Rectification of the Award dated 28 October 2019 |
Dissenting Opinion on Liability and Quantum by Philippe Sands |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 2 March 2023 (ICSID annulment proceedings) |
None |
Feighery, T. J. - President
Argueta Pinto, M. - Member
De Quadros, F. - Member |
29 |
2014
|
Alpiq v. Romania
|
Alpiq AG v. Romania (ICSID Case No. ARB/14/28)
|
Romania - Switzerland BIT (1993)
The Energy Charter Treaty (1994) |
ICSID |
ICSID |
Investment: Rights under two electricity generation and distribution contracts concluded between claimant's local subsidiaries and a Romanian State-owned entity.
Summary: Claims arising out of the Government's cancellation of two long-term energy delivery contracts concluded between claimant's local subsidiaries, Alpiq RomIndustries and Alpiq RomEnergie, and Romania’s state-owned electricity utility Hidroelectrica, after the latter was declared insolvent. |
Rights under two electricity generation and distribution contracts concluded between claimant's local subsidiaries and a Romanian State-owned entity. |
Decided in favour of State
|
Romania |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Sachs, K. - Claimant
Clodfelter, M. A. - Respondent
Silva Romero, E. - President |
450.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
None - all claims dismissed at the merits stage |
Award dated 9 November 2018 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 11 August 2023 (ICSID annulment proceedings) |
None |
Landau, T. - President
Boo, L. - Member
Wallgren-Lindholm, C. - Member |
30 |
2014
|
RSE v. Latvia (I)
|
R.S.E. Holdings AG v. Latvia (I)
|
Latvia - Switzerland BIT (1992) |
Ad hoc |
Data not available |
Investment:
Summary: Claims arising out the alleged mistreatment of the claimant relating to the takeover of a Latvian bank, Parex Bank, and its subsequent division into two successor institutions. |
|
Discontinued
|
Latvia |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Hanefeld, I. - President
Ferrari, F. - Claimant
Joubin-Bret, A. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Termination order dated 13 April 2016 |
None |
None |
None |
None |
None |
None |
31 |
2013
|
Bryn Services v. Latvia
|
Bryn Services Ltd. v. Latvia
|
Latvia - Switzerland BIT (1992) |
Ad hoc |
None |
Investment: Deposit in a Latvian bank Latvijas Krājbanka.
Summary: Claims arising out of the takeover of a Latvian bank, Latvijas Krājbanka, by the State, and the claimant's inability to access its funds deposited in that bank. |
Deposit in a Latvian bank Latvijas Krājbanka. |
Settled
|
Latvia |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Caron, D. D. - President
Roney, D. - Claimant
Thomas, J. C. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
32 |
2013
|
Cervin and Rhone v. Costa Rica
|
Cervin Investissements S.A. and Rhone Investissements S.A. v. Republic of Costa Rica (ICSID Case No. ARB/13/2)
|
Costa Rica - Switzerland BIT (2000) |
ICSID |
ICSID |
Investment: Ownership of the Costa Rican company Gas Nacional Zeta S.A. that held gas concession agreements.
Summary: Claims arising out of a series of regulatory changes by the Government concerning liquid petroleum gas (LPG) sales, including tariff adjustments and the filling of canisters in which gas is sold, that had an alleged negative impact on claimants' gas distribution business. |
Ownership of the Costa Rican company Gas Nacional Zeta S.A. that held gas concession agreements. |
Decided in favour of neither party (liability found but no damages awarded)
|
Costa Rica |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Mourre, A. - President
Ramírez Hernández, R. - Claimant
Jana Linetzky, A. - Respondent |
40632.00 mln CRC (75.00 mln USD)
|
0.00 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
National treatment |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Decision on Jurisdiction dated 15 December 2014
Award dated 7 March 2017 |
Dissenting Opinion of Ricardo Ramírez Hernández (Decision on Jurisdiction)
Separate Opinion Regarding Costs by Ricardo Ramírez Hernández |
None |
None |
None |
None |
None |
33 |
2012
|
Emmis v. Hungary
|
Emmis International Holding, B.V., Emmis Radio Operating, B.V., MEM Magyar Electronic Media Kereskedelmi és Szolgáltató Kft. v. Hungary (ICSID Case No. ARB/12/2)
|
Hungary - Netherlands BIT (1987)
Hungary - Switzerland BIT (1988) |
ICSID |
ICSID |
Investment: Shareholding in a Hungarian company that won a competitive tender for one of the two licenses for FM national radio-broadcasting frequencies in Hungary.
Summary: Claims arising out of the alleged expropriation of claimants' investments in nationwide FM-frequency radio-broadcasting licenses in Hungary, through the Government's decision to award the radio-broadcasting frequencies formerly held by claimants to a third party. |
Shareholding in a Hungarian company that won a competitive tender for one of the two licenses for FM national radio-broadcasting frequencies in Hungary. |
Decided in favour of State
|
Hungary |
Netherlands
Switzerland |
Tertiary: J - Information and communication |
60 - Programming and broadcasting activities |
McLachlan, C. A. - President
Lalonde, M. - Claimant
Thomas, J. C. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
National treatment
Customary rules of international law
Arbitrary, unreasonable and/or discriminatory measures |
None - jurisdiction declined |
Decision on Respondent’s Objection Under ICSID Arbitration Rule 41(5) dated 11 March 2013
Decision on Respondent's Application for Bifurcation dated 13 June 2013
Award dated 16 April 2014 |
None |
None |
None |
None |
None |
None |
34 |
2011
|
Koch Minerals v. Venezuela
|
Koch Minerals Sàrl and Koch Nitrogen International Sàrl v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/11/19)
|
Switzerland - Venezuela, Bolivarian Republic of BIT (1993) |
ICSID |
ICSID |
Investment: Minority shareholding in a Venezuelan fertilizer company.
Summary: Claims arising out of the Government's nationalization of Koch Mineral’s interest in Fertilizantes Nitrogenados de Venezuela (FertiNitro), a nitrogen-based fertilizer producer, Koch Nitrogen's alleged loss of rights under an associated long-term agreement for the purchase of ammonia and urea produced at the Fertinitro plant, and certain laws and regulations in effect prior to the nationalization. |
Minority shareholding in a Venezuelan fertilizer company. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Switzerland |
Secondary: C - Manufacturing |
20 - Manufacture of chemicals and chemical products |
Veeder, V. V. - President
Lalonde, M. - Claimant
Feliciano, F. P. - Respondent (replaced)
Douglas, Z. - Respondent |
672.40 mln USD
|
325.10 mln USD
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Umbrella clause
National treatment
Arbitrary, unreasonable and/or discriminatory measures |
Indirect expropriation |
Award dated 30 October 2017 |
Partially Dissenting Opinion of Zachary Douglas |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 24 May 2022 (ICSID annulment proceedings) |
None |
Hascher, D. - President
Argueta Pinto, M. - Member
Hanefeld, I. - Member |
35 |
2010
|
Border Timbers and others v. Zimbabwe
|
Border Timbers Limited, Timber Products International (Private) Limited, and Hangani Development Co. (Private) Limited v. Republic of Zimbabwe (ICSID Case No. ARB/10/25)
|
Switzerland - Zimbabwe BIT (1996) |
ICSID |
ICSID |
Investment: Shareholding in Zimbabwean forestry and timber processing enterprises.
Summary: Claims arising out of the Government's compulsory acquisition of claimants' farms and forestry plantations following Zimbabwe's land reform, the alleged expropriation of foreign exchange from claimants' bank accounts and the State's alleged failure to prevent invasions to the forestry plantations by illegal squatters. |
Shareholding in Zimbabwean forestry and timber processing enterprises. |
Decided in favour of investor
|
Zimbabwe |
Switzerland |
Primary: A - Agriculture, forestry and fishing |
2 - Forestry and logging |
Fortier, L. Y. - President
Williams, D. A. R. - Claimant
Hwang, M. - Respondent
Chen, A. - Respondent (replaced)
Mutharika, A. P. - Respondent (replaced) |
345.40 mln USD
|
125.00 mln USD
|
Direct expropriation
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Arbitrary, unreasonable and/or discriminatory measures
Transfer of funds |
Award dated 28 July 2015 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 21 November 2018 (ICSID annulment proceedings) |
None |
Heiskanen, V. - President
Kalicki, J. E. - Member
Kettani, A. - Member |
36 |
2010
|
Flughafen Zürich v. Venezuela
|
Flughafen Zürich A.G. and Gestión e Ingenería IDC S.A. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/10/19)
|
Switzerland - Venezuela, Bolivarian Republic of BIT (1993)
Chile - Venezuela, Bolivarian Republic of BIT (1993) |
ICSID |
ICSID |
Investment: Rights as consortium members to administer, manage and operate the Isla Margarita airport under a contract with the state of Nueva Esparta.
Summary: Claims arising out of the Government's alleged expropriation of claimants' concession to operate an airport on Isla Margarita through three administrative acts undertaken by the government of Nueva Esparta and two resolutions issued by the Supreme Court. |
Rights as consortium members to administer, manage and operate the Isla Margarita airport under a contract with the state of Nueva Esparta. |
Decided in favour of investor
|
Venezuela, Bolivarian Republic of |
Switzerland
Chile |
Tertiary: H - Transportation and storage
Tertiary: H - Transportation and storage |
51 - Air transport
52 - Warehousing and support activities for transportation |
Fernández-Armesto, J. - President
Álvarez, H. C. - Claimant
Vinuesa, R. E. - Respondent |
79.00 mln CHF (82.20 mln USD)
|
19.40 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 18 November 2014 |
Partial Dissent of Professor Raúl Emilio Vinuesa (Award) |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 15 April 2019 (Spanish) (ICSID annulment proceedings) |
None |
Castellanos Howell, A. R. - President
Zusman Tinman, S. - Member
Urrutia Valenzuela, C. - Member |
37 |
2010
|
Philip Morris v. Uruguay
|
Philip Morris Brand Sàrl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay) v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7)
|
Switzerland - Uruguay BIT (1988) |
ICSID |
ICSID |
Investment: Immovable and movable property, shares and intellectual property rights, including the ownership of several tobacco trademarks and manufacture facilities of tobacco cigarettes for the Uruguayan market sold under several brand names in accordance to license agreements.
Summary: Claims arising out of the enactment of certain ordinance by the Uruguayan Ministry of Public Health and the enactment of a Presidential decree prohibiting different packaging or presentations for cigarettes sold under a given brand and mandating graphic images purported to illustrate the adverse health effects of smoking. |
Immovable and movable property, shares and intellectual property rights, including the ownership of several tobacco trademarks and manufacture facilities of tobacco cigarettes for the Uruguayan market sold under several brand names in accordance to license agreements. |
Decided in favour of State
|
Uruguay |
Switzerland |
Secondary: C - Manufacturing |
12 - Manufacture of tobacco products |
Bernardini, P. - President
Born, G. B. - Claimant
Crawford, J. R. - Respondent |
22.30 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
None - all claims dismissed at the merits stage |
Decision on Jurisdiction dated 2 July 2013
Award dated 8 July 2016
Decision on Rectification dated 26 September 2016 |
Concurring and Dissenting Opinion of Gary Born |
None |
None |
None |
None |
None |
38 |
2010
|
von Pezold and others v. Zimbabwe
|
Bernhard von Pezold and others v. Republic of Zimbabwe (ICSID Case No. ARB/10/15)
|
Germany - Zimbabwe BIT (1995)
Switzerland - Zimbabwe BIT (1996) |
ICSID |
ICSID |
Investment: Ownership of forestry and agricultural businesses in Zimbabwe engaged in the production of tobacco, timber, tea, coffee and macadamia nuts.
Summary: Claims arising out of the Government's expropriation without compensation of three estates owned by the claimants, including forestry and agricultural businesses, in the context of Zimbabwe's 2000 land reform programme. |
Ownership of forestry and agricultural businesses in Zimbabwe engaged in the production of tobacco, timber, tea, coffee and macadamia nuts. |
Decided in favour of investor
|
Zimbabwe |
Germany
Switzerland |
Primary: A - Agriculture, forestry and fishing |
1 - Crop and animal production, hunting and related service activities |
Fortier, L. Y. - President
Williams, D. A. R. - Claimant
Hwang, M. - Respondent
Chen, A. - Respondent (replaced)
Mutharika, A. P. - Respondent (replaced) |
Data not available
|
64.90 mln USD
|
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
Direct expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Transfer of funds
Arbitrary, unreasonable and/or discriminatory measures |
Award dated 28 July 2015 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Annulment dated 21 November 2018 (ICSID annulment proceedings) |
None |
Heiskanen, V. - President
Kalicki, J. E. - Member
Kettani, A. - Member |
39 |
2009
|
GEM v. Kazakhstan
|
GEM Equity Management AG v. Republic of Kazakhstan
|
Kazakhstan - Switzerland BIT (1994) |
UNCITRAL |
Data not available |
Investment: Shareholding in the Kazakh entity BTA Bank.
Summary: Claims arising out of the Government's alleged forced nationalization of claimant's interest in BTA Bank, by means of Kazakhstan's acquisition of around 75 per cent of the shares of BTA through the National Welfare Fund Samruk-Kazyna. |
Shareholding in the Kazakh entity BTA Bank. |
Data not available
|
Kazakhstan |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Data not available |
1500.00 mln USD
|
Data not available
|
Data not available |
Data not available |
Data not available |
Data not available |
None |
None |
None |
None |
None |
40 |
2009
|
Holcim v. Venezuela
|
Holcim Limited, Holderfin B.V. and Caricement B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/09/3)
|
Switzerland - Venezuela, Bolivarian Republic of BIT (1993)
Netherlands - Venezuela, Bolivarian Republic of BIT (1991) |
ICSID |
ICSID |
Investment: Ownership interests in Venezuelan cement production enterprise.
Summary: Claims arising out of the Government's 2008 nationalization of foreign-owned cement companies in Venezuela, including the claimants, and the alleged cease of compensation negotiations between Holcim and the national oil company PDVSA. |
Ownership interests in Venezuelan cement production enterprise. |
Settled
|
Venezuela, Bolivarian Republic of |
Netherlands
Switzerland |
Secondary: C - Manufacturing |
23 - Manufacture of other non-metallic mineral products |
Fernández-Armesto, J. - President
Brower, C. N. - Claimant
Abi-Saab, G. - Respondent |
Data not available
|
650.00 mln USD
|
Direct expropriation |
Not applicable - settled or discontinued before decision on liability |
None |
None |
None |
None |
None |
None |
None |
41 |
2009
|
Swisslion v. Macedonia
|
Swisslion DOO Skopje v. Macedonia, former Yugoslav Republic of (ICSID Case No. ARB/09/16)
|
Macedonia, The former Yugoslav Republic of - Switzerland BIT (1996) |
ICSID |
ICSID |
Investment: Majority shareholding in a former socially-owned Macedonian company under certain share sale agreement concluded with Macedonia's Ministry of Economy.
Summary: Claims arising out of a share sale agreement concluded between Swisslion and Macedonia under which the investor acquired a controlling stake in Agroplod AD Resen, a Macedonian food production company, and subsequent Government's measures leading to the termination of such agreement and ordering the transfer of claimant's Agropold shares to a State Ministry without compensation. |
Majority shareholding in a former socially-owned Macedonian company under certain share sale agreement concluded with Macedonia's Ministry of Economy. |
Decided in favour of investor
|
North Macedonia |
Switzerland |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Guillaume, G. - President
Price, D. M. - Claimant
Thomas, J. C. - Respondent |
21.00 mln EUR (26.00 mln USD)
|
0.35 mln EUR (0.43 mln USD)
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Other |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims |
Award dated 6 June 2012 |
None |
None |
None |
None |
None |
None |
42 |
2008
|
Alps Finance v. Slovakia
|
Alps Finance and Trade AG v. The Slovak Republic
|
Slovakia - Switzerland BIT (1990) |
UNCITRAL |
None |
Investment: Acquisition of certain receivables from a private Slovak company, i.e. sums payable to the assignor by a debtor who at the time of the assignment of the receivables had been declared bankrupt.
Summary: Claims arising out of alleged actions by the Slovak judiciary, particularly the Regional Court of Bratislava, preventing the claimant to enforce certain credits it had acquired towards a Slovak debtor. |
Acquisition of certain receivables from a private Slovak company, i.e. sums payable to the assignor by a debtor who at the time of the assignment of the receivables had been declared bankrupt. |
Decided in favour of State
|
Slovakia |
Switzerland |
Tertiary: K - Financial and insurance activities |
64 - Financial service activities, except insurance and pension funding |
Crivellaro, A. - President
Stuber, H. - Claimant
Klein, B. - Respondent |
Data not available
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Full protection and security, or similar |
None - jurisdiction declined |
Award dated 5 March 2011 |
None |
None |
None |
None |
None |
None |
43 |
2008
|
Intersema Bau v. Libya
|
Intersema Bau AG v. Libya
|
Libya - Switzerland BIT (2003) |
UNCITRAL |
Data not available |
Investment: Several construction contracts with a Libyan municipal authority.
Summary: Claims arising out of the Government’s alleged failure to uphold the terms of a 2005 settlement agreement between the claimant and the Government related to construction contracts for road, water, sewage and lighting infrastructure, including the non-payment of CHF 13 million of the 31 million settlement sum. |
Several construction contracts with a Libyan municipal authority. |
Decided in favour of investor
|
Libya |
Switzerland |
Tertiary: F - Construction |
42 - Civil engineering |
Bernardini, P. - President
Heiskanen, V. - Claimant
Poncet, I. - Respondent |
140.00 mln CHF (135.40 mln USD)
|
13.00 mln CHF (12.60 mln USD)
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
Award dated January 2010 |
None |
None |
None |
None |
None |
None |
44 |
2008
|
Oeconomicus v. Czech Republic
|
Konsortium Oeconomicus v. The Czech Republic
|
Czech Republic - Switzerland BIT (1990) |
UNCITRAL |
None |
Investment: Rights under a loan agreement for the construction of a waste incineration plant in Mlada Boleslav.
Summary: Claims arising out of alleged refusals to honour guarantees made by the Environment Ministry to claimant's investment, including the firm's declaration of bankruptcy and the failure to build a waste incinerator at issue. |
Rights under a loan agreement for the construction of a waste incineration plant in Mlada Boleslav. |
Discontinued
|
Czechia |
Switzerland |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
38 - Waste collection, treatment and disposal activities; materials recovery |
Silva Romero, E. - President
Ueltzhöffer, A. - Claimant
Konrad, S. - Respondent
Marvan, J. - Claimant (replaced) |
710.00 mln CZK (31.30 mln USD)
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Award on Costs dated 8 February 2012
Addendum to the Award on Costs dated 22 February 2012
Decision for Termination of the Proceedings dated 5 December 2011 |
None |
None |
None |
None |
None |
None |
45 |
2007
|
SGS v. Paraguay
|
SGS Société Générale de Surveillance S.A. v. Republic of Paraguay (ICSID Case No. ARB/07/29)
|
Paraguay - Switzerland BIT (1992) |
ICSID |
ICSID |
Investment: Rights under a pre-shipment inspection contract concluded between SGS and Paraguay's Ministry of Finance.
Summary: Claims arising out of Paraguay's alleged non-payment of invoices to the investor under a pre-shipment inspection contract, followed by the termination of the contract by Paraguay's Ministry of Finance. |
Rights under a pre-shipment inspection contract concluded between SGS and Paraguay's Ministry of Finance. |
Decided in favour of investor
|
Paraguay |
Switzerland |
Tertiary: M - Professional, scientific and technical activities |
74 - Other professional, scientific and technical activities |
Alexandrov, S. A. - President
Donovan, D. - Claimant
García Mexía, P. - Respondent |
61.50 mln USD
|
39.00 mln USD
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Umbrella clause |
Decision on Jurisdiction dated 12 February 2010
Award dated 10 February 2012 |
None |
ICSID annulment proceedings |
Award/decision upheld (ICSID annulment proceedings) |
Decision on Paraguay's Request for the Continued Stay of Enforcement of the Award dated 22 March 2013 (ICSID annulment proceedings)
Decision on Annulment dated 19 May 2014 (ICSID annulment proceedings) |
None |
Oreamuno Blanco, R. - President
Yusuf, A. A. - Member
Zuleta, E. - Member |
46 |
2006
|
Mensik v. Slovakia
|
Branimir Mensik v. Slovak Republic (ICSID Case No. ARB/06/9)
|
Czech Republic - Switzerland BIT (1990) |
ICSID |
ICSID |
Investment: Data not available
Summary: Claims arising out of respondent's alleged mistreatment concerning a mineral water spring project in which the claimant had invested. |
Data not available |
Discontinued
|
Slovakia |
Switzerland |
Tertiary: E - Water supply; sewerage, waste management and remediation activities |
36 - Water collection, treatment and supply |
Reisman, W. M. - President
Klein, B. - Claimant
Böckstiegel, K.-H. - Respondent |
Data not available
|
Data not available
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order for the discontinuance of the proceeding issued by the Tribunal dated 9 December 2008, pursuant to Regulation 14(3)(d) of the ICSID Administrative and Financial Regulations |
None |
None |
None |
None |
None |
None |
47 |
2006
|
Romak v. Uzbekistan
|
Romak S.A. v. The Republic of Uzbekistan (PCA Case No. 2007-07/AA280)
|
Switzerland - Uzbekistan BIT (1993) |
UNCITRAL |
PCA |
Investment: Claims to money, including rights under certain supply agreement concluded with a State institution with responsibility for cereal production and distribution and an arbitration award.
Summary: Claims arising out of the investor's unsuccessful attempts to enforce an arbitral award rendered under the auspices of the Grain and Feed Trade Association concerning Romak and a Uzbek counterparty for difficulties in obtaining payment of wheat deliveries under a set of contracts (concluded between the investor and several companies specialized in the trading of grain). |
Claims to money, including rights under certain supply agreement concluded with a State institution with responsibility for cereal production and distribution and an arbitration award. |
Decided in favour of State
|
Uzbekistan |
Switzerland |
Primary: A - Agriculture, forestry and fishing |
1 - Crop and animal production, hunting and related service activities |
Mantilla-Serrano, F. - President
Rubins, N. - Claimant
Molfessis, N. - Respondent |
10.00 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures
Other |
None - jurisdiction declined |
Award dated 26 November 2009 |
None |
None |
None |
None |
None |
None |
48 |
2004
|
Credit Suisse v. India
|
Credit Suisse First Boston v. Republic of India
|
India - Switzerland BIT (1997) |
UNCITRAL |
None |
Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.
Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project. |
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. |
Settled
|
India |
Switzerland |
Tertiary: D - Electricity, gas, steam and air conditioning supply |
35 - Electricity, gas, steam and air conditioning supply |
Schreuer, C. H. - Unknown
Greenwood, C. - Unknown
Name not available - President |
42.80 mln USD
|
Non-pecuniary relief |
Data not available |
Not applicable - settled or discontinued before decision on liability |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
Data not available |
49 |
2002
|
SGS v. Philippines
|
SGS Société Générale de Surveillance S.A. v. Republic of the Philippines (ICSID Case No. ARB/02/6)
|
Philippines - Switzerland BIT (1997) |
ICSID |
ICSID |
Investment: Rights under an agreement for the provision of comprehensive import supervision services entered into with the Philippines.
Summary: Claims arising out of alleged breaches of an agreement concluded between the investor, a corporation which provided verification, testing, monitoring and certification services, and the Philippines. |
Rights under an agreement for the provision of comprehensive import supervision services entered into with the Philippines. |
Settled
|
Philippines |
Switzerland |
Tertiary: M - Professional, scientific and technical activities |
74 - Other professional, scientific and technical activities |
El-Kosheri, A. S. - President
Crivellaro, A. - Claimant
Crawford, J. R. - Respondent |
140.00 mln USD
|
Data not available
|
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause
Arbitrary, unreasonable and/or discriminatory measures |
Not applicable - settled or discontinued before decision on liability |
Decision of the Tribunal on Objections to Jurisdiction dated 29 January 2004
Award embodying the parties' settlement agreement dated 11 April 2008 |
Declaration of Mr. Antonio Crivellaro (Decision of the Tribunal on Objections to Jurisdiction) |
None |
None |
None |
None |
None |
50 |
2001
|
SGS v. Pakistan
|
SGS Société Générale de Surveillance S.A. v. Islamic Republic of Pakistan (ICSID Case No. ARB/01/13)
|
Pakistan - Switzerland BIT (1995) |
ICSID |
ICSID |
Investment: Rights under a pre-shipment inspection contract entered into with Pakistani authorities.
Summary: Claims arising out of Pakistan's alleged non-payment of invoices to the investor and its attempts to terminate an underlying agreement for the provision of services relating to customs clearance and control processes in Pakistan. |
Rights under a pre-shipment inspection contract entered into with Pakistani authorities. |
Settled
|
Pakistan |
Switzerland |
Tertiary: M - Professional, scientific and technical activities |
74 - Other professional, scientific and technical activities |
Feliciano, F. P. - President
Faures, A. - Claimant
Thomas, J. C. - Respondent
Landau, T. - Respondent (replaced) |
112.30 mln USD
|
Data not available
|
Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Umbrella clause |
Not applicable - settled or discontinued before decision on liability |
Decision on Jurisdiction dated 6 August 2003
Order taking note of the discontinuance issued by the Tribunal dated 23 May 2004, pursuant to Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |
51 |
1999
|
Alimenta S.A. v. Gambia
|
Alimenta S.A. v. Republic of The Gambia (ICSID Case No. ARB/99/5)
|
Gambia - Switzerland BIT (1993) |
ICSID |
ICSID |
Investment: Ownership of local groundnut processing plant.
Summary: Claims arising out of the government takeover of claimant's groundnut processing plant at Denton Bridge, which constituted the biggest industrial complex in the country, on allegations of money laundering. |
Ownership of local groundnut processing plant. |
Settled
|
Gambia |
Switzerland |
Secondary: C - Manufacturing |
10 - Manufacture of food products |
Brower, C. N. - President
Rokison, K. S. - Claimant
Asante, S. K.B. - Respondent |
Data not available
|
11.20 mln USD
|
Data not available |
Not applicable - settled or discontinued before decision on liability |
Order taking note of discontinuance of the proceeding issued by the Arbitral Tribunal dated 3 May 2001, pursuant to Arbitration Rule 43(1) |
None |
None |
None |
None |
None |
None |