United States of America

United States of America

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2016 TransCanada v. USA TransCanada Corporation and TransCanada PipeLines Limited v. United States of America (ICSID Case No. ARB/16/21) NAFTA (1992) ICSID ICSID Investment: Interests in the Keystone XL Pipeline project; ownership and/or control of nine U.S. enterprises, including TransCanada Keystone Pipeline, L.P. (“Keystone”), and other assets.

Summary: Claims arising out of the denial of the application for a Presidential Permit to construct the Keystone XL Pipeline, a proposed 1,897 km crude oil pipeline from Alberta (Canada) to Nebraska (United States), and the Government’s actions leading to that denial.
Interests in the Keystone XL Pipeline project; ownership and/or control of nine U.S. enterprises, including TransCanada Keystone Pipeline, L.P. (“Keystone”), and other assets. Settled United States of America Canada Tertiary: H - Transportation and storage

Tertiary: F - Construction
49 - Land transport and transport via pipelines

42 - Civil engineering
Haigh, D. - Claimant

Murphy, S. D. - Respondent

Name not available - President
15000.00 mln USD (15000.00 mln USD) Non-pecuniary relief National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Not applicable - settled or discontinued before decision on liability Order of the Secretary-General Taking Note of the Discontinuance of the Proceeding dated 24 March 2017 None None None None None None
2 2012 Apotex v. USA (III) Apotex Holdings Inc. and Apotex Inc. v. United States of America (III) (ICSID Case No. ARB(AF)/12/1) NAFTA (1992) ICSID AF ICSID Investment: Indirect ownership and control of an American-based Apotex affiliate engaged in the distribution of generic drugs.

Summary: Claims arising out of alleged injuries from "Import Alerts" issued by the U.S. Food and Drug Administration concerning two of Apotex’s Canadian manufacturing facilities.
Indirect ownership and control of an American-based Apotex affiliate engaged in the distribution of generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Veeder, V. V. - President

Rowley, J. W. - Claimant

Crook, J. R. - Respondent
1500.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 25 August 2014 None None None None None None
3 2009 Apotex v. USA (II) Apotex Inc. v. The Government of the United States of America (II) NAFTA (1992) UNCITRAL ICSID Investment: Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs.

Summary: Claims arising out of alleged errors committed by U.S. agencies and federal courts in interpreting federal law, in the course of the investor's efforts to bring new generic drugs to market in the United States.
Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Landau, T. - President

Davidson, C. F. - Claimant

Smith, F. M. - Respondent
8.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - jurisdiction declined Award on Jurisdiction and Admissibility dated 14 June 2013 None None None None None None
4 2009 CANACAR v. USA CANACAR v. The United States of America NAFTA (1992) UNCITRAL None Investment: Trucking services provided by claimant, a trade association representing individual carriers within the Mexican trucking industry.

Summary: Claims arising out of alleged restrictions imposed by the U.S. Department of Transportation upon Mexican carrier operations in the United States and Mexican investments in U.S. carriers, as well as the United States' failure to comply with a 2001 NAFTA Chapter 20 arbitral decision, "In the Matter of Cross-Border Trucking Services".
Trucking services provided by claimant, a trade association representing individual carriers within the Mexican trucking industry. Discontinued United States of America Mexico Tertiary: H - Transportation and storage 49 - Land transport and transport via pipelines Heather Rodríguez, T. - Claimant

Name not available - President

Name not available - Respondent
5334.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
5 2008 Apotex v.USA (I) Apotex Inc. v. United States of America (I) (ICSID Case No. UNCT/10/2) NAFTA (1992) UNCITRAL ICSID Investment: Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs.

Summary: Claims arising out of alleged errors committed by U.S. agencies and federal courts in interpreting federal law, in the course of the investor's efforts to bring new generic drugs to market in the United States.
Canadian pharmaceuticals corporation engaged in developing and manufacturing generic drugs. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Landau, T. - President

Davidson, C. F. - Claimant

Smith, F. M. - Respondent
8.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - jurisdiction declined Award on Jurisdiction and Admissibility dated 14 June 2013 None None None None None None
6 2007 Domtar v. USA Domtar Inc. v. United States of America NAFTA (1992) UNCITRAL None Investment: Ownership of Domtar Enterprises Inc. and Domtar Industries Inc., locally-incorporated companies marketing and selling softwood lumber products in the United States.

Summary: Claims arising out of certain U.S. antidumping and countervailing duty investigations with respect to softwood lumber products imported from Canada into the United States, as well as the Continued Dumping and Subsidy Offset Act of 2000, and the 2006 Softwood Lumber Agreement between the United States and Canada.
Ownership of Domtar Enterprises Inc. and Domtar Industries Inc., locally-incorporated companies marketing and selling softwood lumber products in the United States. Discontinued United States of America Canada Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Tribunal not constituted 200.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Transfer of funds
Not applicable - settled or discontinued before decision on liability None None None None None None None
7 2005 Canadian Cattlemen v. USA The Canadian Cattlemen for Fair Trade (formerly Consolidated Canadian Claims) v. United States of America NAFTA (1992) UNCITRAL None Investment: Beef and cattle-related operations including cow-calf production, back-grounding, finishing, custom feeding, agency/brokerage as well as secondary transportation and crop production activities.

Summary: Claims arising out of the Government's ban on Canadian cattle and beef imports after a cow in Alberta, Canada was found to have mad cow disease (bovine spongiform encephalopathy).
Beef and cattle-related operations including cow-calf production, back-grounding, finishing, custom feeding, agency/brokerage as well as secondary transportation and crop production activities. Decided in favour of State United States of America Canada Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Böckstiegel, K.-H. - President

Low, L. A. - Unknown

Bacchus, J. - Unknown
235.00 mln USD Data not available National treatment None - jurisdiction declined Award on Jurisdiction dated 28 January 2008 None None None None None None
8 2004 Grand River v. USA Grand River Enterprises Six Nations, Ltd., et.al. v. United States of America NAFTA (1992) UNCITRAL None Investment: Controlling shareholding and/or ownership of companies engaged in the tobacco manufacturing and distribution business.

Summary: Claims arising out of a 1998 settlement agreement between various state's Attorney General and major tobacco companies (concluded to settle litigation by several U.S. states against certain U.S. cigarette manufacturers), and state legislation that partially implemented the settlement.
Controlling shareholding and/or ownership of companies engaged in the tobacco manufacturing and distribution business. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 12 - Manufacture of tobacco products Nariman, F. S. - President

Anaya, J. - Claimant

Crook, J. R. - Respondent
664.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage Decision on Objections to Jurisdiction dated 20 July 2006

Award dated 12 January 2011
None None None None None None
9 2004 Tembec v. USA Tembec Inc. et al. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
200.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
10 2004 Terminal Forest v. USA Terminal Forest Products Ltd. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
90.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
11 2003 Glamis Gold v. USA Glamis Gold Ltd. v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Publicly-held corporation engaged in the mining of precious metals.

Summary: Claims arising out of certain federal government actions and California state measures regarding open-pit mining operations, allegedly resulting in injuries to a proposed gold mine in Imperial County, California.
Publicly-held corporation engaged in the mining of precious metals. Decided in favour of State United States of America Canada Primary: B - Mining and quarrying 7 - Mining of metal ores Young, M. K. - President

Hubbard, K. D. - Claimant

Morgan, D. L. - Claimant (replaced)

Caron, D. D. - Respondent
50.00 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 8 June 2009 None None None None None None
12 2002 Canfor v. USA Canfor Corporation v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Forest products company.

Summary: Claims arising out of a number of countervailing duties and antidumping measures adopted by the United States relating to Canadian softwood lumber products, as a result of which the claimant was required to pay duties on these products imported to the United States.
Forest products company. Settled United States of America Canada Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging van den Berg, A. J. - President

Robinson, D. R. - Unknown

de Mestral, A. - Unknown
250.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Question dated 6 June 2006

Joint Order on the Costs of Arbitration and for the Termination of Certain Arbitral Proceedings dated 19 July 2007
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion (on Tembec's application to vacate award), U.S. District Court for the District of Columbia, dated 14 August 2008 (Judicial review by national courts) None None
13 2002 Kenex v. USA Kenex Ltd. v. United States of America NAFTA (1992) UNCITRAL None Investment: Manufacturing, marketing and distributing company of industrial products made from the cannabis plant.

Summary: Claims arising out of the Drug Enforcement Administration’s interpretation of the Controlled Substances Act as prohibiting the sale of products that cause the controlled substance THC to enter the human body.
Manufacturing, marketing and distributing company of industrial products made from the cannabis plant. Discontinued United States of America Canada Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Tribunal not constituted 20.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
14 2000 ADF v. USA ADF Group Inc. v. United States of America (ICSID Case No. ARB(AF)/00/1) NAFTA (1992) ICSID AF ICSID Investment: Subcontractor to a U.S. company which had entered into a contract with local authorities for a highway construction project.

Summary: Claims arising out of the Springfield Interchange Highway construction project in Virginia; particularly, alleged injuries resulting from the federal Surface Transportation Assistance Act of 1982 and implementing regulations requiring that federally-funded state highway projects used only domestically produced steel.
Subcontractor to a U.S. company which had entered into a contract with local authorities for a highway construction project. Decided in favour of State United States of America Canada Tertiary: F - Construction 42 - Civil engineering Feliciano, F. P. - President

de Mestral, A. - Claimant

Lamm, C. B. - Respondent
90.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
None - all claims dismissed at the merits stage Award dated 9 January 2003 None None None None None None
15 1999 Methanex v. USA Methanex Corporation v. United States of America NAFTA (1992) UNCITRAL ICSID Investment: Ownership of marketing and distributing company of methanol.

Summary: Claims arising out of alleged injuries resulting from a California ban on the use or sale in California of the gasoline additive MTBE. Methanol, central to the investor's activities, is an ingredient used to manufacture MTBE.
Ownership of marketing and distributing company of methanol. Decided in favour of State United States of America Canada Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Veeder, V. V. - President

Rowley, J. W. - Claimant

Reisman, W. M. - Respondent
970.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Partial Award dated 7 August 2002

Final Award of the Tribunal on Jurisdiction and Merits dated 3 August 2005
None None None None None None
16 1999 Mondev v. USA Mondev International Ltd. v. United States of America (ICSID Case No. ARB(AF)/99/2) NAFTA (1992) ICSID AF ICSID Investment: Commercial real estate development contract concluded between the city of Boston and a company owned by the claimant.

Summary: Claims arising out of alleged losses suffered by an enterprise owned and controlled by the claimant resulting from a decision by the Supreme Judicial Court of Massachusetts and from Massachusetts state law.
Commercial real estate development contract concluded between the city of Boston and a company owned by the claimant. Decided in favour of State United States of America Canada Tertiary: L - Real estate activities 68 - Real estate activities Stephen, N. - President

Crawford, J. R. - Claimant

Schwebel, S. M. - Respondent
50.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Award dated 11 October 2002 None None None None None None
17 1998 Loewen v. USA Loewen Group, Inc. and Raymond L. Loewen v. United States of America (ICSID Case No. ARB(AF)/98/3) NAFTA (1992) ICSID AF ICSID Investment: Stock holding in corporation dedicated to funeral home operations.

Summary: Claims arising out of alleged mistreatment caused to the investor by the state of Mississippi in the course of commercial litigation between the claimant and one of its competitors in the funeral home and funeral insurance business.
Stock holding in corporation dedicated to funeral home operations. Decided in favour of State United States of America Canada Tertiary: S - Other service activities 96 - Other personal service activities Mason, A. - President

Mustill, M. - Claimant

Fortier, L. Y. - Claimant (replaced)

Mikva, A. - Respondent
725.00 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

National treatment
None - all claims dismissed at the merits stage Decision on Hearing of Respondent's Objection to Competence and Jurisdiction dated 5 January 2001

Award dated 26 June 2003
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Raymond L. Loewen v. United States of America, United States District Court for the District of Columbia, Civil Action No. 04-2151, Memorandum Opinion dated 31 October 2005 (Judicial review by national courts) None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Amec Foster Wheeler and others v. Colombia Amec Foster Wheeler USA Corporation, Joint Venture Foster Wheeler USA Corporation and Process Consultants, Inc., and Process Consultants, Inc. v. Republic of Colombia (ICSID Case No. ARB/19/34) Colombia - United States TPA (2006) ICSID ICSID Investment: Project management consultant contract with state-owned entity Refinería de Cartagena, S.A. (Reficar) related to the refurbishment of a local oil refinery (Cartagena Refinery).

Summary: Claims arising out of $2.4 billion liability imposed by the national comptroller general on the claimants’ joint venture for alleged acts of gross negligence or wilful misconduct in the expenditure of state funds related to the Cartagena Refinery modernization project. According to the claimants, the joint venture provided certain limited management consultancy services under a contract with state-owned Reficar, the party allegedly responsible for the misconduct.
Project management consultant contract with state-owned entity Refinería de Cartagena, S.A. (Reficar) related to the refurbishment of a local oil refinery (Cartagena Refinery). Pending Colombia United States of America Tertiary: M - Professional, scientific and technical activities 71 - Architectural and engineering activities; technical testing and analysis Data not available Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Indirect expropriation

Umbrella clause
Pending Data not available Data not available None None None None None
2 2019 Legacy Vulcan v. Mexico Legacy Vulcan, LLC v. United Mexican States (ICSID Case No. ARB/19/1) NAFTA (1992) ICSID ICSID Investment: Concessions for a port terminal and authorizations for two lime extraction plants (“La Adelita” and “El Corchalito”) held by its local subsidiary, Calizas Industriales de Carmes, S.A. de C.V (“Calica”).

Summary: Claims arising out of Government agencies’ revocation of the port concession held by the claimant’s wholly-owned subsidiary, Calica, and the forced closure of Calica’s quarrying operations at the “La Adelita” and “El Corchalito” sites in the State of Quintana Roo. According to the claimant, these events were preceded Government agencies’ unilateral amendments to agreements with Calica and the imposition of allegedly illegal taxes, contested by Calica in several local court cases.
Concessions for a port terminal and authorizations for two lime extraction plants (“La Adelita” and “El Corchalito”) held by its local subsidiary, Calizas Industriales de Carmes, S.A. de C.V (“Calica”). Pending Mexico United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying van den Berg, A. J. - President

Tawil, G. S. - Claimant

Puig, S. - Respondent
500.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
3 2019 Mamacocha and Latam Hydro v. Peru CH Mamacocha S.R.L. and Latam Hydro LLC v. Republic of Peru (ICSID Case No. ARB/19/28) Peru - United States FTA (2006) ICSID ICSID Investment: Rights under a 20-year concession agreement with the Ministry of Energy and Mines to supply renewable energy to the national grid, and to construct and operate a hydroelectric plant near the Mamacocha Lagoon in the Arequipa region of Peru (the “Mamacocha Project”).

Summary: Claims arising out of the Government’s alleged breach of a concession agreement for a hydroelectric plant project (the “Mamacocha Project”) through delays of permitting and approval processes, discriminatory and politically motivated interferences by regional authorities, and attempts to unilaterally and unlawfully cancel the project by rendering it impossible to complete.
Rights under a 20-year concession agreement with the Ministry of Energy and Mines to supply renewable energy to the national grid, and to construct and operate a hydroelectric plant near the Mamacocha Lagoon in the Arequipa region of Peru (the “Mamacocha Project”). Pending Peru United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tawil, G. S. - Claimant

Vinuesa, R. E. - Respondent

Name not available - President
30.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation

Umbrella clause
Pending Data not available Data not available None None None None None
4 2019 Odyssey v. Mexico Odyssey Marine Exploration, Inc. and Exploraciones Oceánicas S. de R.L. de C.V. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Seabed mining concession for a phosphate deposit in the Pacific Ocean held by Exploraciones Oceánicas S. de R.L. de C.V., a local subsidiary of the claimants.

Summary: Claims arising out of the decision by Mexico’s Ministry of the Environment and Natural Resources to deny environmental permits for the claimants’ seabed mining project in the local subsidiary’s concession area, offshore from the coast of Baja California Sur in Mexico. Allegedly, the Ministry’s decision disregarded scientific evidence provided by the claimants in their project development plan and environmental impact assessment.
Seabed mining concession for a phosphate deposit in the Pacific Ocean held by Exploraciones Oceánicas S. de R.L. de C.V., a local subsidiary of the claimants. Pending Mexico United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Data not available 3540.00 mln USD Data not available National treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Indirect expropriation
Pending None None None None None None None
5 2019 Seda and others v. Colombia Monte Glenn Adcock, Stephen John Bobeck, Justin Tate Caruso and others v. Republic of Colombia (ICSID Case No. ARB/19/6) Colombia - United States TPA (2006) ICSID ICSID Investment: Investments in the construction of “Meritage”, a luxury real estate development project on a 560,000 square meters site in the city of Medellín.

Summary: Claims arising out of the Government’s seizure of property acquired by the Royal Development Group and the suspension of construction works for the claimants’ “Meritage” real estate project on this property, as a result of claims that previous owners used it for criminal activity.
Investments in the construction of “Meritage”, a luxury real estate development project on a 560,000 square meters site in the city of Medellín. Pending Colombia United States of America Tertiary: F - Construction 41 - Construction of buildings Low, L. A. - Claimant (replaced)

Poncet, C. - Claimant

Perezcano Diaz, H. - Respondent

Name not available - President
250.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Direct expropriation
Pending None None None None None None None
6 2019 Westmoreland v. Canada (II) Westmoreland Mining Holdings LLC v. Canada (II) NAFTA (1992) UNCITRAL Data not available Investment: Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada.

Summary: Claims arising out of the decision of Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030. The government allegedly failed to compensate the claimant for the early closure of its coal mining operations, excluding it from a compensation scheme made available to three local coal mining operators.
Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada. Pending Canada United States of America Primary: B - Mining and quarrying 5 - Mining of coal and lignite Data not available 470.00 mln CAD (357.30 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Pending Data not available Data not available None None None None None
7 2019 WorleyParsons v. Ecuador WorleyParsons International, Inc. v. Republic of Ecuador Ecuador - United States of America BIT (1993) UNCITRAL Data not available Investment: Inspection and management contracts with state-owned oil company Petroecuador related to the refurbishment of the Esmeraldas oil refinery.

Summary:
Inspection and management contracts with state-owned oil company Petroecuador related to the refurbishment of the Esmeraldas oil refinery. Pending Ecuador United States of America Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
8 2018 Alicia Grace and others v. Mexico Ampex Retirement Master Trust, Apple Oaks Partners, LLC, Brentwood Associates Private Equity Profit Sharing Plan and others v. United Mexican States (ICSID Case No. UNCT/18/4) NAFTA (1992) UNCITRAL ICSID Investment: Shareholding of 43.2 per cent in Integradora de Servicios Petroleros Oro Negro, S.A.P.I. de C.V. (“Oro Negro”) and 99.9 per cent shareholding in the subsidiary company, Perforadora Oro Negro, S. de R.L. de C.V. (“Perforadora Oro Negro”).

Summary: Claims arising out of the early termination of lease agreements by Petróleos Mexicanos (Pemex), a state-owned oil company, for five offshore oil drilling platforms owned by Oro Negro’s subsidiary which is controlled by the claimants.
Shareholding of 43.2 per cent in Integradora de Servicios Petroleros Oro Negro, S.A.P.I. de C.V. (“Oro Negro”) and 99.9 per cent shareholding in the subsidiary company, Perforadora Oro Negro, S. de R.L. de C.V. (“Perforadora Oro Negro”). Pending Mexico United States of America Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Fernández Arroyo, D. P. - President

Jana Linetzky, A. - Claimant

Bottini, G. - Respondent
700.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
9 2018 Bay View and Spalena v. Rwanda Bay View Group LLC and The Spalena Company LLC v. Republic of Rwanda (ICSID Case No. ARB/18/21) Rwanda - United States of America BIT (2008) ICSID ICSID Investment: Mining rights under a concession contract for the Biserero mining site in Rwanda.

Summary: Claims arising out of the revocation by the Government of the claimants’ mining licences and the subsequent award of the mining concession to a different company.
Mining rights under a concession contract for the Biserero mining site in Rwanda. Pending Rwanda United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Phillips, N. - President

Bidwell Jr., J. T. - Claimant

Dohmann, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
10 2018 Borkowski and Rasia FZE v. Armenia Joseph K. Borkowski and Rasia FZE v. Republic of Armenia (ICSID Case No. ARB/18/28) Armenia - United States of America BIT (1992) ICSID ICSID Investment: Concessions to construct and operate railway and highway routes.

Summary: Claims arising out of the Government’s alleged breach of concession contracts granted to the claimants by turning to other companies for the implementation of the infrastructure projects.
Concessions to construct and operate railway and highway routes. Pending Armenia United States of America

United Arab Emirates
Tertiary: H - Transportation and storage

Tertiary: F - Construction
49 - Land transport and transport via pipelines

42 - Civil engineering
Beechey, J. - Claimant

Thomas, J. C. - Respondent

Kalicki, J. E. - President
150.00 mln USD Data not available Data not available Pending None None None None None None None
11 2018 Carrizosa Gelzis v. Colombia (I) Alberto Carrizosa Gelzis, Enrique Carrizosa Gelzis, Felipe Carrizosa Gelzis v. Republic of Colombia (I) (PCA Case No. 2018-56) Colombia - United States TPA (2006) UNCITRAL PCA Investment: Shareholding in Banco Granahorrar, a Colombian bank.

Summary: Claims arising out of the Government’s allegedly disproportionate and discriminatory measures against Banco Granahorrar, including placing the bank under new management and its ultimate nationalization in 1998, as well as the Colombian Constitutional Court’s 2014 decision that no compensation was due to the claimants.
Shareholding in Banco Granahorrar, a Colombian bank. Pending Colombia United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Ferrari, F. - Claimant

Douglas, Z. - Respondent (replaced)

Beechey, J. - President

Söderlund, C. - Respondent
323.00 mln USD Data not available Direct expropriation Pending None None None None None None None
12 2018 Carrizosa v. Colombia (II) Astrida Benita Carrizosa v. Republic of Colombia (II) (ICSID Case No. ARB/18/5) Colombia - United States TPA (2006) ICSID ICSID Investment: Shareholding in Banco Granahorrar, a Colombian bank.

Summary: Claims arising out of the Government’s allegedly disproportionate and discriminatory measures against Banco Granahorrar, including placing the bank under new management and its ultimate nationalization in 1998, as well as the Colombian Constitutional Court’s 2014 decision that no compensation was due to the claimants.
Shareholding in Banco Granahorrar, a Colombian bank. Pending Colombia United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Kaufmann-Kohler, G. - President

Fernández Arroyo, D. P. - Claimant

Söderlund, C. - Respondent
40.00 mln USD Data not available Direct expropriation Pending None None None None None None None
13 2018 ELA v. Estonia ELA, U.S.A., INC. v. The Republic of Estonia Estonia - United States of America BIT (1994) UNCITRAL Data not available Investment: Ownership of Estonian companies that owned and operated the port of Lennusadam in Tallinn.

Summary: Claims arising out of the Government’s alleged interference with the claimant’s investment in the port of Lennusadam, including the invalidation by Estonian courts of the property title to the port, seizure of the claimant’s assets and criminal prosecution of the claimant’s officers.
Ownership of Estonian companies that owned and operated the port of Lennusadam in Tallinn. Pending Estonia United States of America Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Simma, B. - President

Ruiz Fabri, H. - Claimant

Tomka, P. - Respondent
150.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Umbrella clause

Direct expropriation

Other
Pending None None None None None None None
14 2018 Elliott v. Korea Elliott Associates L.P. v. Republic of Korea (PCA Case No. 2018-51) Korea - US FTA (2007) UNCITRAL PCA Investment: Shareholding in the Samsung C&T Corporation.

Summary: Claims arising out of the Government’s conduct that allegedly led to the merger of Samsung C&T Corporation with Cheil Industries and thereby caused financial losses to the claimant.
Shareholding in the Samsung C&T Corporation. Pending Korea, Republic of United States of America Data not available Data not available Heiskanen, V. - President

Garibaldi, O. M. - Claimant

Thomas, J. C. - Respondent
770.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Pending None None None None None None None
15 2018 Iconia v. Georgia Iconia Capital LLC v. Georgia Georgia - United States of America BIT (1994) UNCITRAL Data not available Investment: Investments in a 2,405 m2 land plot for a real estate development project in the Vake-Saburtalo district of Tbilisi, Georgia.

Summary: Claims arising out of alleged measures by Georgian courts and government officials to delay and halt the claimant’s project to construct a commercial-residential apartment complex in the city center of Tbilisi. Allegedly, this included attempts by local opposition to take over the claimant’s land plot, harassment of the claimant’s employees and a refusal to issue construction permits.
Investments in a 2,405 m2 land plot for a real estate development project in the Vake-Saburtalo district of Tbilisi, Georgia. Pending Georgia United States of America Tertiary: L - Real estate activities 68 - Real estate activities Data not available 10.00 mln USD Data not available Data not available Pending None None None None None None None
16 2018 Invenergy v. Poland Invenergy LLC v. Republic of Poland Poland - United States of America BIT (1990) UNCITRAL Data not available Investment: Investments in wind energy projects in Poland.

Summary: Claims arising out of the Government’s conduct adversely affecting the claimant’s wind energy projects, including termination by Polish State-owned companies of long-term energy contracts concluded with the claimant.
Investments in wind energy projects in Poland. Pending Poland United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Greenwood, C. - President

Townsend, J. M. - Claimant

Tomka, P. - Respondent
700.00 mln USD Data not available Indirect expropriation Pending None None None None None None None
17 2018 Kappes v. Guatemala Daniel W. Kappes and Kappes, Cassidy & Associates v. Republic of Guatemala (ICSID Case No. ARB/18/43) CAFTA - DR (2004) ICSID ICSID Investment: Ownership of Exploraciones Mineras de Guatemala, S.A. (“Exmingua”), which holds a licence to develop and operate the “El Tambor” gold and silver mining project and an exploration licence for the “Santa Margarita” mining project.

Summary: Claims arising out of Guatemalan courts’ suspension of Exmingua’s mining licences for the “El Tambor” project and the company’s right to export minerals, related to amparo actions for alleged failure to conduct consultations with local communities. According to the claimants, the Government has also failed to provide Exmingua with access to the “Santa Margarita” mining site, which was blocked by protesters.
Ownership of Exploraciones Mineras de Guatemala, S.A. (“Exmingua”), which holds a licence to develop and operate the “El Tambor” gold and silver mining project and an exploration licence for the “Santa Margarita” mining project. Pending Guatemala United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Kalicki, J. E. - President

Townsend, J. M. - Claimant

Douglas, Z. - Respondent
300.50 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Indirect expropriation
Pending None None None None None None None
18 2018 Mason v. Korea Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) Korea - US FTA (2007) UNCITRAL PCA Investment: Minority shareholding in Samsung C&T Corporation ("Samsung C&T") and Samsung Electronics, Inc.

Summary: Claims arising out of senior government officials’ alleged measures to enable a merger of Samsung C&T with a Samsung affiliate, Cheil Industries Incorporated (“Cheil”), on terms favourable to a large domestic Cheil shareholder. This was allegedly done by substantially undervaluing Samsung C&T and caused losses to the claimants’ shareholding.
Minority shareholding in Samsung C&T Corporation ("Samsung C&T") and Samsung Electronics, Inc. Pending Korea, Republic of United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Gloster, E. - Claimant

Mayer, P. - Respondent

Sachs, K. - President
200.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Pending None None None None None None None
19 2018 Orlandini-Ágreda and Compañía Minera Orlandini v. Bolivia Julio Miguel Orlandini-Ágreda and Compañía Minera Orlandini Ltda. v. Plurinational State of Bolivia (PCA Case No. 2018-39) Bolivia, Plurinational State of - United States of America BIT (1998) UNCITRAL PCA Investment: Mining concessions for the “Veneros San Juan” and “Pretoria” mining areas, located in the municipality of Antequera in western Bolivia.

Summary: Claims arising out of the Government’s alleged interference with and illegal expropriation of the claimants’ two mining concessions in Antequera. A state-owned mining company also allegedly conducted illegal mining activities within the claimants’ concession area and was granted concessions partly overlapping with the claimants’ pre-existing mining rights.
Mining concessions for the “Veneros San Juan” and “Pretoria” mining areas, located in the municipality of Antequera in western Bolivia. Pending Bolivia, Plurinational State of United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Alexandrov, S. A. - President

Tawil, G. S. - Claimant

Moreno Rodríguez, J. A. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
20 2018 Renco v. Peru (II) The Renco Group, Inc. v. The Republic of Peru (II) (PCA Case No. 2019-46) Peru - United States FTA (2006) UNCITRAL PCA Investment: Investments in the La Oroya Metallurgical Complex through Doe Run Peru S.R. LTDA (“DRP”), an indirectly owned affiliate through Doe Run Cayman.

Summary: Claims arising out of the Government’s alleged imposition of additional environmental obligations related to the La Oroya mining operations in which the claimant’s affiliate Doe Rue Peru held interests and the Government’s refusal to grant reasonable extensions to complete environmental projects at the site, allegedly forcing the company to cease operations, followed by bankruptcy and liquidation.
Investments in the La Oroya Metallurgical Complex through Doe Run Peru S.R. LTDA (“DRP”), an indirectly owned affiliate through Doe Run Cayman. Pending Peru United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Simma, B. - President

Grigera Naón, H. A. - Claimant

Thomas, J. C. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending Data not available Data not available None None None None None
21 2018 Seo v. Korea Jin Hae Seo v. Republic of Korea (HKIAC Case No. 18117) Korea - US FTA (2007) UNCITRAL Investment: Partial ownership (76%) of a residential property in Seoul.

Summary: Claims arising out of the allegedly insufficient amount of compensation set by the Government for the claimant’s real estate property that had been expropriated following the municipal government’s designation of the relevant area for redevelopment.
Partial ownership (76%) of a residential property in Seoul. Decided in favour of State Korea, Republic of United States of America Tertiary: L - Real estate activities 68 - Real estate activities Simma, B. - President

Lo, B. - Claimant

McRae, D. M. - Respondent
3.00 mln USD Data not available Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Final Award dated 24 September 2019 Concurring Opinion of Benny Lo None None None None None
22 2018 The Carlyle Group and others v. Morocco Carlyle Commodity Management L.L.C., Carlyle Investment Management L.L.C., Celadon Commodities Fund LP and others v. Kingdom of Morocco (ICSID Case No. ARB/18/29) Morocco - United States FTA (2004) ICSID ICSID Investment:

Summary: Claims arising out of the Government’s alleged seizure of petroleum products stored at the oil refinery Société Anonyme Marocaine de l'Industrie du Raffinage (SAMIR), including oil owned by the claimants. The Government halted production at the plant and placed it under judicial liquidation controlled by trustees, allegedly due to the refinery’s financial difficulties and tax debt.
Pending Morocco United States of America Secondary: C - Manufacturing 19 - Manufacture of coke and refined petroleum products Grigera Naón, H. A. - Claimant

Wordsworth, S. - Respondent

Fernández-Armesto, J. - President
400.00 mln USD Data not available Data not available Pending None None None None None None None
23 2018 Westmoreland v. Canada (I) Westmoreland Coal Company v. Canada (I) NAFTA (1992) UNCITRAL Data not available Investment: Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada.

Summary: Claims arising out of the decision of Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030. The government allegedly failed to compensate the claimant for the early closure of its coal mining operations, excluding it from a compensation scheme made available to three local coal mining operators.
Ownership of five coal mines servicing adjacent power plants through mine-mouth operations in the Province of Alberta, Canada. Discontinued Canada United States of America Primary: B - Mining and quarrying 5 - Mining of coal and lignite Data not available 470.00 mln CAD (357.30 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
24 2018 Westwater Resources v. Turkey Westwater Resources, Inc. v. Republic of Turkey (ICSID Case No. ARB/18/46) Turkey - United States of America BIT (1985) ICSID ICSID Investment: Licences for the exploration and development of two uranium mines, held by the local subsidiary Adur Madencilik Limited Sireketi.

Summary: Claims arising out of the Government’s revocation of seven exploration and operating licences for the Temrezli and Sefaatli uranium mining projects, allegedly due to the creation of a state monopoly over uranium mining activities in the country.
Licences for the exploration and development of two uranium mines, held by the local subsidiary Adur Madencilik Limited Sireketi. Pending Turkey United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Binnie, I. - President

Volterra, R. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
25 2017 Aggarwal and others v. Bosnia and Herzegovina Naveen Aggarwal, Neete Gupta, and Usha Industries, Inc. v. Bosnia and Herzegovina Bosnia and Herzegovina - India BIT (2006) UNCITRAL Data not available Investment: Majority shareholding in Krajina osiguranje a.d. Banja Luka (“Krajina”), a local partly State-owned insurance company.

Summary: Claims arising out of the alleged freeze of the claimants’ shareholding in the insurance company Krajina and other actions allegedly taken by Bosnian regulatory agencies to prevent the claimants from exercising their majority ownership rights in Krajina, after the claimants had accused the Bosnian authorities of fraudulent misrepresentations in the offering prospectus on which they had relied when purchasing the shares.
Majority shareholding in Krajina osiguranje a.d. Banja Luka (“Krajina”), a local partly State-owned insurance company. Pending Bosnia and Herzegovina India

United States of America
Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Hanotiau, B. - President

Laird, I. A. - Claimant

Cremades, B. M. - Respondent
40.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Indirect expropriation
Pending None None None None None None None
26 2017 APR Energy and others v. Australia APR Energy LLC, Power Rental Asset Co Two LLC, Power Rental Op Co Australia LLC v. Australia Australia-United States FTA (2004) UNCITRAL Data not available Investment: Rental agreement for power generation equipment with Forge Group Power Pty LTD (“Forge Group”).

Summary: Claims arising out of the ANZ Bank’s alleged illegal seizure of the claimants’ turbines for power generation, which were leased by the claimants to Forge Group prior to its insolvency and recovered by the ANZ Bank as property for the payment of the Group’s debt, as well as an Australian court decision to the claimants’ detriment.
Rental agreement for power generation equipment with Forge Group Power Pty LTD (“Forge Group”). Pending Australia United States of America Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Data not available 260.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Direct expropriation
Pending None None None None None None None
27 2017 Arin Capital and Khudyan v. Armenia Arin Capital & Investment Corp. and Edmond Khudyan v. Republic of Armenia (ICSID Case No. ARB/17/36) Armenia - United States of America BIT (1992) ICSID ICSID Investment: Investment in a real estate development project that included a plan to sell luxury apartments in the Armenian capital.

Summary: Claims arising out of Armenia’s alleged failure to act on the claimants’ repeated pleas that they were defrauded by the local business partner. According to the claimants, Armenia’s officials and courts did nothing to investigate and correct the alleged fraud.
Investment in a real estate development project that included a plan to sell luxury apartments in the Armenian capital. Pending Armenia United States of America Tertiary: L - Real estate activities 68 - Real estate activities van Leeuwen, M. - President

Santens, A. - Claimant

Douglas, Z. - Respondent
15.00 mln USD Data not available Data not available Pending None None None None None None None
28 2017 Big Sky Energy v. Kazakhstan Big Sky Energy Corporation v. Republic of Kazakhstan (ICSID Case No. ARB/17/22) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Indirect shareholding through Canadian subsidiary Big Sky Energy Kazakhstan Ltd. (“Big Sky Canada”) in Kazakhstani oil and gas company Kozhan LLP, which held exploration and development rights to three oil fields in Kazakhstan.

Summary: Claims arising out of a series of alleged illegal actions by the Government and its courts, including domestic judicial proceedings through which Big Sky Canada allegedly lost its 100 per cent shareholding in Kozan to the original Kazakhstani shareholders, without being compensated for the dispossession.
Indirect shareholding through Canadian subsidiary Big Sky Energy Kazakhstan Ltd. (“Big Sky Canada”) in Kazakhstani oil and gas company Kozhan LLP, which held exploration and development rights to three oil fields in Kazakhstan. Pending Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Cremades, B. M. - President

Moser, M. J. - President (replaced)

Alexandrov, S. A. - Claimant

Tomka, P. - Respondent

Knieper, R. - Respondent (replaced)
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Indirect expropriation

Other
Pending None None None None None None None
29 2017 Gabourel Family Trust v. Honduras Trustees of the Gabourel Family Trust v. Honduras Honduras - United States of America BIT (1995) UNCITRAL Data not available Investment: Ownership of land in Honduras.

Summary: Claims arising out of the alleged illegal expropriation by Honduras of the claimants’ property for the purposes of constructing an airport.
Ownership of land in Honduras. Pending Honduras United States of America Data not available Data not available Escobar, A. A. - President

Alexandrov, S. A. - Claimant

Silva Romero, E. - Respondent
251.80 mln USD Data not available Direct expropriation Pending None None None None None None None
30 2017 MetLife v. Argentina MetLife, Inc., MetLife Seguros de Retiro S.A. and MetLife Servicios S.A. v. Argentine Republic (ICSID Case No. ARB/17/17) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Investments in a private pension fund company.

Summary: Claims arising out of the Government’s nationalization of the country’s private pension system in 2008 and the seizure of the claimants’ underlying investments.
Investments in a private pension fund company. Pending Argentina United States of America Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Binnie, I. - President

Reichert, K. - Claimant

McLachlan, C. A. - Unknown
Data not available Data not available Data not available Pending None None None None None None None
31 2017 Tennant Energy v. Canada Tennant Energy, LLC. v. Canada (PCA Case No. 2018-54) NAFTA (1992) UNCITRAL PCA Investment: Ownership of Skyway 127 Wind Energy Inc., an enterprise that planned to develop a wind farm in Ontario.

Summary: Claims arising out of the alleged unfair treatment of the claimant’s wind farm project through certain regulatory measures, and Ontario’s allegedly non-transparent administration of the feed-in tariff programme for renewable energy sources.
Ownership of Skyway 127 Wind Energy Inc., an enterprise that planned to develop a wind farm in Ontario. Pending Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bull, C. - President

Bishop, D. - Claimant

Bethlehem, D. - Respondent
116.00 mln CAD (86.10 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
32 2017 The Lopez-Goyne Family Trust and others v. Nicaragua Bailey, David A. Barish, Walter John Bilger and others v. Republic of Nicaragua (ICSID Case No. ARB/17/44) CAFTA - DR (2004) ICSID ICSID Investment: Investments in excess of USD 70 million, in exploration activities relating to an oil concession granted to a Nicaraguan company Industria Oklahoma Nicaragua S.A, allegedly leading to significant oil discoveries, estimated to generate over USD 1 billion in revenue over the concession’s 30-year exploitation phase.

Summary: Claims arising out of the termination of a 3,400 square kilometre concession for hydrocarbon exploration and exploitation.
Investments in excess of USD 70 million, in exploration activities relating to an oil concession granted to a Nicaraguan company Industria Oklahoma Nicaragua S.A, allegedly leading to significant oil discoveries, estimated to generate over USD 1 billion in revenue over the concession’s 30-year exploitation phase. Pending Nicaragua United States of America Primary: B - Mining and quarrying 9 - Mining support service activities Radicati di Brozolo, L. - President

Martínez de Hoz, J. A. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
33 2017 Vento v. Mexico Vento Motorcycles, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/17/3) NAFTA (1992) ICSID AF ICSID Investment: Investments in manufacturing of motorcycles.

Summary: Claims arising out of Mexico’s allegedly discriminatory treatment of the claimant, which includes subjecting Vento’s motorcycles to a 30 per cent import duty (on the ground that they are in fact made in China, not in the United States), whereas the claimant’s competitors do not pay such import duty.
Investments in manufacturing of motorcycles. Pending Mexico United States of America Secondary: C - Manufacturing 29 - Manufacture of motor vehicles, trailers and semi-trailers Gantz, D. A. - Claimant

Rigo Sureda, A. - President

Perezcano Diaz, H. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
34 2016 B-Mex and others v. Mexico Deana Anthone, Neil Ayervais, Douglas Black and others v. United Mexican States (ICSID Case No. ARB(AF)/16/3) NAFTA (1992) ICSID AF ICSID Investment: Ownership interests in several gaming facilities in Mexico.

Summary: Claims arising out of the Government’s alleged unlawful interference with the claimants’ casino business in Mexico, including raids on facilities, seizure of equipment and bank account funds, closure of facilities and invalidation of a gaming permit.
Ownership interests in several gaming facilities in Mexico. Pending Mexico United States of America Tertiary: R - Arts, entertainment and recreation 92 - Gambling and betting activities Verhoosel, G. - President

Born, G. B. - Claimant

Vinuesa, R. E. - Respondent
100.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending Partial Award dated 19 July 2019 Partial Dissenting Opinion by Raúl E. Vinuesa None None None None None
35 2016 Bridgestone v. Panama Bridgestone Americas, Inc. and Bridgestone Licensing Services, Inc. v. Republic of Panama (ICSID Case No. ARB/16/34) Panama-US FTA ICSID ICSID Investment: Investments in a tyre and rubber products enterprise and related registered trademarks.

Summary: Claims arising out of a decision of the Supreme Court of Panama which held that Bridgestone’s motion to oppose the registration of the Riverstone trademark by tyre-maker Muresa had been in bad faith, and awarded USD 5.4 million in damages to Muresa. According to the claimants, their challenge to the trademark application was a good-faith effort due to the trademark’s similarity to two of Bridgestone’s own registered trademarks.
Investments in a tyre and rubber products enterprise and related registered trademarks. Pending Panama United States of America Secondary: C - Manufacturing 22 - Manufacture of rubber and plastics products Grigera Naón, H. A. - Claimant

Thomas, J. C. - Respondent

Phillips, N. - President
16.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Indirect expropriation
Pending Decision on Expedited Objections dated 13 December 2017 None None None None None None
36 2016 Champion Holding Company and others v. Egypt Champion Holding Company, James Tarrick Wahba, John Byron Wahba and others v. Arab Republic of Egypt (ICSID Case No. ARB/16/2) Egypt - United States of America BIT (1986) ICSID ICSID Investment:

Summary:
Pending Egypt United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities McLaren, R. H. - Claimant

Douglas, Z. - Respondent

Khan, M. A. - President (replaced)

Paulsson, J. - President
Data not available Data not available Data not available Pending None None None None None None None
37 2016 Cosigo Resources and others v. Colombia Cosigo Resources, Ltd., Cosigo Resources Sucursal Colombia, Tobie Mining and Energy, Inc. v. Republic of Colombia Colombia - United States TPA (2006) UNCITRAL Data not available Investment: Interests in the gold mining concession for the Taraira South mining site in south-eastern Colombia.

Summary: Claims arising out of a 2009 resolution that established the Yaigojé Apaporis national park and that was allegedly passed with significant procedural flaws. The establishment of the national park entailed the cessation of the mining activities at a gold ore deposit, for which the claimants signed an exploration and exploitation concession.
Interests in the gold mining concession for the Taraira South mining site in south-eastern Colombia. Pending Colombia United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Coleman, B. D. - Claimant

Name not available - President

Stern, B. - Respondent
16511.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Direct expropriation
Pending None None None None None None None
38 2016 Dominion Minerals v. Panama Dominion Minerals Corp. v. Republic of Panama (ICSID Case No. ARB/16/13) Panama - United States of America BIT (1982) ICSID ICSID Investment: Ownership of Cuprum Resources Corp., which held concession rights for the Cerro Chorcha mining property.

Summary: Claims arising out of the Government’s refusal to extend a mining exploration concession for the Cerro Chorcha mining property in Western Panama. The concession was held by the claimant’s local subsidiary Cuprum under the 2006 contract with Panama, concluded for an initial period of four years with the possibility of renewal for two additional 2-year terms. The Ministry of Commerce and Industries issued a resolution rejecting the extension application and declared Cerro Chorcha a “mineral reserve” area on which all exploration or extraction work was prohibited.
Ownership of Cuprum Resources Corp., which held concession rights for the Cerro Chorcha mining property. Pending Panama United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Poncet, C. - Claimant

Mourre, A. - Respondent

Bullard, A. - President
268.30 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Pending None None None None None None None
39 2016 Gramercy v. Peru Gramercy Funds Management LLC, and Gramercy Peru Holdings LLC v. The Republic of Peru (ICSID Case No. UNCT/18/2) Peru - United States FTA (2006) UNCITRAL ICSID Investment: Ownership of 9,700 Peruvian Agrarian Land Reform Bonds (the bonds had been issued to Peruvian citizens in compensation for the expropriation of agrarian land in the late 1960s and acquired by the claimants between 2006 and 2008).

Summary: Claims arising out of a 2013 decision of Peru’s Constitutional Tribunal and subsequent Supreme Decrees passed in 2014 that related to the repayment scheme for government-issued land reform bonds. The said decisions prescribed the value of the bonds to be determined by using a specific method, which allegedly diminished the total value of the bonds, owned by the claimants, from USD 1.6 billion to USD 1.1 million.
Ownership of 9,700 Peruvian Agrarian Land Reform Bonds (the bonds had been issued to Peruvian citizens in compensation for the expropriation of agrarian land in the late 1960s and acquired by the claimants between 2006 and 2008). Pending Peru United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Drymer, S. L. - Claimant

Stern, B. - Respondent

Fernández-Armesto, J. - President
1600.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other
Pending None None None None None None None
40 2016 Grot and others v. Moldova Zbigniew Piotr Grot, Grot Cimarron LLC, I.C.S. Laguardia SRL and Laguardia USA LLC v. Republic of Moldova (ICSID Case No. ARB/16/8) Moldova, Republic of - United States of America BIT (1993) ICSID ICSID Investment: Rights under lease agreements for agricultural land concluded with landowners for a 3-year period.

Summary: Claims arising out of the alleged unlawful termination of the lease agreements for agricultural land concluded by the claimants with the landowners in two villages in the north-east of Moldova. A year after the agreements had been concluded, the respective local city halls revoked the registration of the agreements due to the claimants’ alleged non-performance of their contractual obligations, and registered lease agreements with a different lessee for the same land plots.
Rights under lease agreements for agricultural land concluded with landowners for a 3-year period. Decided in favour of investor Moldova, Republic of United States of America

Poland
Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Sands, P. - President

Fortier, L. Y. - Claimant

Knieper, R. - Respondent
15.00 mln USD 0.40 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation Award dated 28 June 2018 None None None None None None
41 2016 Italba v. Uruguay Italba Corporation v. Oriental Republic of Uruguay (ICSID Case No. ARB/16/9) United States of America - Uruguay BIT (2005) ICSID ICSID Investment: Ownership of subsidiary Trigosul S.A., which held a wireless spectrum licence.

Summary: Claims arising out of revocation in 2011 of a wireless spectrum licence held since 2000 by the claimant’s subsidiary Trigosul. The State regulatory authority allegedly transferred the licence to another telecommunications company and did not comply with an administrative court’s decision to reinstate the licence.
Ownership of subsidiary Trigosul S.A., which held a wireless spectrum licence. Decided in favour of State Uruguay United States of America Tertiary: J - Information and communication 61 - Telecommunications Oreamuno Blanco, R. - President

Beechey, J. - Claimant

Douglas, Z. - Respondent
65.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - jurisdiction declined Award dated 22 March 2019 None ICSID annulment proceedings Pending (ICSID annulment proceedings) None None Rigo Sureda, A. - President

Bottini, G. - Member

Pinto, M. - Member
42 2016 LP Egypt and others v. Egypt LP Egypt Holdings I, LLC, Fund III Egypt, LLC and OMLP Egypt Holdings I, LLC v. Arab Republic of Egypt (ICSID Case No. ARB/16/37) Egypt - United States of America BIT (1986) ICSID ICSID Investment:

Summary:
Settled Egypt United States of America Tertiary: F - Construction 41 - Construction of buildings van Houtte, H. - President

Alexandrov, S. A. - Claimant

Sands, P. - 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 11 July 2018 None None None None None None
43 2016 Nelson v. Mexico Joshua Dean Nelson v. United Mexican States (ICSID Case No. UNCT/17/1) NAFTA (1992) UNCITRAL ICSID Investment: Majority ownership of Tele Fácil México, S.A. de C.V (“Tele Fácil”), a locally incorporated company with a concession to operate as a telecommunications provider.

Summary: Claims arising out of certain decisions by Mexico’s federal telecommunications regulator IFT related to a disagreement between Tele Fácil and a large telecommunications provider in Mexico, Telmex, over the terms of an interconnection agreement. Allegedly, IFT failed to enforce a resolution, which it had rendered in Tele Fácil’s favour, and subsequently issued decisions that resolved the disagreement with Telmex to the claimant's detriment, rendering Tele Fácil commercially unviable and denying it access to the Mexican telecommunications market. According to the claimant, IFT subjected Tele Fácil to disproportionate enforcement actions and Mexican courts failed to address IFT’s misconduct.
Majority ownership of Tele Fácil México, S.A. de C.V (“Tele Fácil”), a locally incorporated company with a concession to operate as a telecommunications provider. Pending Mexico United States of America Tertiary: J - Information and communication 61 - Telecommunications Zuleta, E. - President

Veeder, V. V. - Claimant

Gomezperalta Casali, M. - Respondent
500.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
44 2016 Omega Engineering and Rivera v. Panama Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No. ARB/16/42) Panama - United States of America BIT (1982)

Panama-US FTA
ICSID ICSID Investment: Contracts for the construction of three medical hospitals, a higher education centre, a municipal hall, a court house and certain other facilities.

Summary: Claims arising out of allegedly unfair treatment by the new Government, including non-payment for the construction of public buildings as well as criminal proceedings against the claimants relating to anti-corruption investigations.
Contracts for the construction of three medical hospitals, a higher education centre, a municipal hall, a court house and certain other facilities. Pending Panama United States of America Tertiary: F - Construction 41 - Construction of buildings Grigera Naón, H. A. - Claimant

Shore, L. - President

Douglas, Z. - Respondent
100.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending None None None None None None None
45 2015 Hourani v. Kazakhstan Devincci Salah Hourani and Issam Salah Hourani v. Republic of Kazakhstan (ICSID Case No. ARB/15/13) Kazakhstan - United Kingdom BIT (1995)

Kazakhstan - United States of America BIT (1992)
ICSID ICSID Investment: Ownership of pharmaceuticals manufacturer, Pharm Industry.

Summary: Claims arising out of the alleged unlawful expropriation and liquidation of a pharmaceuticals manufacturer, Pharm Industry including the alleged seizure of a 10-hectare plot of land transferred from Issam Hourani to Pharm Industry as well as the annulment of a decree that had granted Pharm Industry ownership of a 42-hectare plot of land.
Ownership of pharmaceuticals manufacturer, Pharm Industry. Pending Kazakhstan United Kingdom

United States of America
Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Hoffmann, A. - Claimant

Thomas, J. C. - Respondent

Sachs, K. - President
170.00 mln USD Data not available Data not available Pending None None None None None None None
46 2015 Manchester Securities v. Poland Manchester Securities Corporation v. Republic of Poland (PCA Case No. 2015-18) Poland - United States of America BIT (1990) UNCITRAL PCA Investment: Loan to a Polish real estate developer for the construction of an apartment complex in Krakow, Poland.

Summary: Claims arising out of the Polish courts’ decision concerning an unfinished apartment complex in Krakow, allegedly resulting in the claimant’s inability to collect its debt from the developer of that complex.
Loan to a Polish real estate developer for the construction of an apartment complex in Krakow, Poland. Decided in favour of investor Poland United States of America Tertiary: L - Real estate activities 68 - Real estate activities Data not available 56.00 mln PLN (14.90 mln USD) Data not available Data not available Data not available Award dated December 2018 None None None None None None
47 2015 Mobil v. Canada (II) Mobil Investments Canada Inc. v. Canada (II) (ICSID Case No. ARB/15/6) NAFTA (1992) ICSID ICSID Investment: Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada.

Summary: Claims arising out of the Government’s continued enforcement of the 2004 Guidelines for Research and Development Expenditures, which allegedly resulted in expenditures incurred by the claimant in 2012-2015. A previous tribunal, Mobil and Murphy v. Canada, found the Guidelines to violate NAFTA and awarded the claimants a portion of the damages sought.
Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada. Pending Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Greenwood, C. - President

Rowley, J. W. - Claimant

Griffith, G. - Respondent
19.90 mln CAD (15.00 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Performance requirements
Pending Decision on Jurisdiction and Admissibility dated 13 July 2018 None None None None None None
48 2015 Resolute Forest v. Canada Resolute Forest Products Inc. v. Canada (PCA Case No. 2016-13) NAFTA (1992) UNCITRAL PCA Investment: Ownership of Laurentide paper mill.

Summary: Claims arising out of measures taken by the provincial Government in Nova Scotia and the Government of Canada, which allegedly discriminated in favour of the competitor’s Port Hawkesbury paper mill and resulted, among other damages, in the closing of claimant's Laurentide paper mill in October 2014.
Ownership of Laurentide paper mill. Pending Canada United States of America Secondary: C - Manufacturing 17 - Manufacture of paper and paper products Crawford, J. R. - President

Cass, R. A. - Claimant

Lévesque, C. - Respondent
70.00 mln USD Data not available National treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Pending Decision on Jurisdiction and Admissibility dated 30 January 2018 None None None None None None
49 2014 Aven and others v. Costa Rica David R. Aven, Samuel D. Aven, Giacomo A. Buscemi and others v. Republic of Costa Rica (ICSID Case No. UNCT/15/3) CAFTA - DR (2004) UNCITRAL ICSID Investment: Shareholdings in several enterprises engaged in a construction project in Costa Rica known as Las Olas Project; ownership of 39 hectares of land in connection with this project.

Summary: Claims arising out of the Government's termination of claimants' hotel, beach club and villas construction project, following the revocation of an environmental viability permit after determining that the property included wetlands and a protected forest, and criminal investigations against one of the claimants.
Shareholdings in several enterprises engaged in a construction project in Costa Rica known as Las Olas Project; ownership of 39 hectares of land in connection with this project. Decided in favour of State Costa Rica United States of America Tertiary: L - Real estate activities 68 - Real estate activities Siqueiros, E. - President

Baker, C. M. - Claimant

Nikken, P. - Respondent
69.10 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 Final Award dated 18 September 2018 None None None None None None
50 2014 Ballantine v. Dominican Republic Michael Ballantine and Lisa Ballantine v. The Dominican Republic (PCA Case No. 2016-17) CAFTA - DR (2004) UNCITRAL PCA Investment: Ownership of Jamaca de Dios SRL and Aroma de la Montaña, E.I.R.L that were used to make investments in real estate and infrastructure to create a gated complex of luxury homes, restaurants, a hotel and a spa.

Summary: Claims arising out of the rejection by the Ministry of Environment and Natural Resources of the claimants’ request to expand Jamaca de Dios, a residential and tourism project in the municipality of Jarabacoa, as well as other actions by the central and local government.
Ownership of Jamaca de Dios SRL and Aroma de la Montaña, E.I.R.L that were used to make investments in real estate and infrastructure to create a gated complex of luxury homes, restaurants, a hotel and a spa. Decided in favour of State Dominican Republic United States of America Tertiary: L - Real estate activities 68 - Real estate activities Ramírez Hernández, R. - President

Cheek, M. L. - Claimant

Vinuesa, R. E. - Respondent
20.00 mln USD Data not available National treatment

Most-favoured nation treatment

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation

Full protection and security, or similar

Other
None - jurisdiction declined Final Award dated 3 September 2019 Partial Dissent of Marney L. Cheek on Jurisdiction

Partial Dissent by Emilio Raúl Vinuesa on Costs
Judicial review by national courts Pending (Judicial review by national courts) None None None
51 2014 Cockrell v. Viet Nam Bryan Cockrell v. The Socialist Republic of Viet Nam (PCA Case No. 2015-03) US-Viet Nam Trade Relations Agreement UNCITRAL PCA Investment:

Summary:
Discontinued Viet Nam United States of America Tertiary: L - Real estate activities 68 - Real estate activities Williams, D. A. R. - President

Moser, M. J. - Claimant

McLachlan, C. A. - 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
52 2014 Corona Materials v. Dominican Republic Corona Materials, LLC v. Dominican Republic (ICSID Case No. ARB(AF)/14/3) CAFTA - DR (2004) ICSID AF ICSID Investment: Ownership of an exploitation concession for the Joama area with the intention of mining for aggregate material in the Dominican Republic.

Summary: Claims arising out of the Government's refusal to grant an environmental permit to the claimant which effectively prevented Corona Materials from building and operating a construction aggregate mine in the Dominican Republic, despite allegedly receiving assurances and previous formal approvals from senior government officials.
Ownership of an exploitation concession for the Joama area with the intention of mining for aggregate material in the Dominican Republic. Decided in favour of State Dominican Republic United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Mantilla-Serrano, F. - Claimant

Thomas, J. C. - Respondent

Dupuy, P.-M. - President
100.00 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

National treatment
None - jurisdiction declined Award on the Respondent’s expedited preliminary objections in accordance with Article 10.20.5 of the DR-CAFTA dated 31 May 2016 None None None None None None
53 2014 EuroGas and Belmont v. Slovakia EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (ICSID Case No. ARB/14/14) Slovakia - United States of America BIT (1991)

Canada - Slovakia BIT (2010)
ICSID ICSID Investment: Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia.

Summary: Claims arising out of the revocation of claimants' exclusive rights for mining activities at the Gemerska Poloma talc deposit allegedly without compensation, despite three decisions of Slovakia's Supreme Court declaring such action illegal.
Majority shareholding (90 per cent) in Rozmina, a Slovakian company that held an exclusive right to carry out talc mining activities in Slovakia. Decided in favour of State Slovakia Canada

United States of America
Primary: B - Mining and quarrying 8 - Other mining and quarrying Mayer, P. - President

Gaillard, E. - Claimant

Stern, B. - Respondent
500.00 mln EUR (655.00 mln USD) Data not available 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

Direct expropriation

Indirect expropriation

Umbrella clause
None - jurisdiction declined Award dated 18 August 2017 Dissenting Opinion by Emmanuel Gaillard ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order of the ad hoc Committee on the Discontinuance of the Proceeding dated 31 October 2019 (ICSID annulment proceedings) None Bottini, G. - Member

Malik, M. - Member

Greenwood, C. - President
54 2014 IBT Group and others v. Panama IBT Group LLC., Constructor, Consulting and Engineering (Panamá), S.A., and International Business and Trade, LLC. v. Republic of Panama (ICSID Case No. ARB/14/33) Panama - United States of America BIT (1982) ICSID ICSID Investment: Rights under a contract for the rehabilitation of four asphalt manufacturing plants held by claimants' subsidiary CCE.

Summary: Claims arising out of disagreements with Panama's Public Works Ministry concerning the performance of a concession to rehabilitate and operate four asphalt manufacturing enterprises held by claimants' subsidiary that led to the unilateral termination of the contract by Panama.
Rights under a contract for the rehabilitation of four asphalt manufacturing plants held by claimants' subsidiary CCE. Settled Panama United States of America Secondary: C - Manufacturing 23 - Manufacture of other non-metallic mineral products Alexandrov, S. A. - Claimant

Oreamuno Blanco, R. - Respondent

Remón Peñalver, J. - President
50.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability None None None None None None None
55 2014 Longyear v. Canada J.M. Longyear, LLC v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Shareholding in a Canadian company, J.M. Longyear Canada, that operated an Ontario forestry land of approximately 63,000 acres.

Summary: Claims arising out of claimant's alleged ineligibility for tax reductions under an Ontario law, the Managed Forest Tax Incentive Program, on the basis that the majority of shares in Lonyear's local enterprise were not held by Canadian nationals.
Shareholding in a Canadian company, J.M. Longyear Canada, that operated an Ontario forestry land of approximately 63,000 acres. Discontinued Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Data not available 12.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
56 2013 Berkowitz v. Costa Rica Aaron C. Berkowitz, Brett E. Berkowitz, Trevor B. Berkowitz v. Republic of Costa Rica (ICSID Case No. UNCT/13/2) CAFTA - DR (2004) UNCITRAL ICSID Investment: Ownership of twenty six beachfront plots of land on Costa Rica’s Pacific coast.

Summary: Claims arising out of the alleged expropriation of claimant's property to create an ecological park without fair compensation.
Ownership of twenty six beachfront plots of land on Costa Rica’s Pacific coast. Discontinued Costa Rica United States of America Tertiary: L - Real estate activities 68 - Real estate activities Bethlehem, D. - President

Kantor, M. - Claimant

Vinuesa, R. E. - Respondent
18780.50 mln CRC (33.60 mln USD) Data not available Direct expropriation

Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Not applicable - settled or discontinued before decision on liability Interim Award dated 25 October 2016

Interim Award (Corrected) dated 30 May 2017

Procedural Order on Correction of the Interim Award and Termination of the Proceedings dated 30 May 2017
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Memorandum Opinion of the United States District Court for the District of Columbia dated 20 January 2018 (Judicial review by national courts) None None
57 2013 Eli Lilly v. Canada Eli Lilly and Company v. Canada (ICSID Case No. UNCT/14/2) NAFTA (1992) UNCITRAL ICSID Investment: Patents for two pharmaceutical products, Strattera and Zyprexa.

Summary: Claims arising out of the invalidation of the claimant's Strattera and Zyprexa pharmaceutical patents by Canada.
Patents for two pharmaceutical products, Strattera and Zyprexa. Decided in favour of State Canada United States of America Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations van den Berg, A. J. - President

Born, G. B. - Claimant

Bethlehem, D. - Respondent
500.00 mln CAD (483.40 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 Final Award dated 16 March 2017 None None None None None None
58 2013 KBR v. Mexico KBR, Inc. v. United Mexican States (ICSID Case No. UNCT/14/1) NAFTA (1992) UNCITRAL ICSID Investment: Rights under contracts for the construction of two offshore gas platforms held through KBR's wholly-owned subsidiary; ICC arbitral award.

Summary: Claims arising out of the Mexican courts' annulment of an International Chamber of Commerce (ICC) arbitration award issued in favour of claimant's subsidiary, COMMISA, concerning a contractual dispute with a Mexican State-owned entity.
Rights under contracts for the construction of two offshore gas platforms held through KBR's wholly-owned subsidiary; ICC arbitral award. Decided in favour of State Mexico United States of America Tertiary: F - Construction 43 - Specialized construction activities Rigo Sureda, A. - President

Kaufmann-Kohler, G. - Claimant

Lozano Alarcón, G. - Respondent
465.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other
Data not available Award dated 30 April 2015 None None None None None None
59 2013 Lone Pine v. Canada Lone Pine Resources Inc. v. Canada (ICSID Case No. UNCT/15/2) NAFTA (1992) UNCITRAL ICSID Investment: Rights under oil and gas exploration permits held by a wholly-owned Canadian subsidiary.

Summary: Claims arising out of the revocation by the Government of Quebec of claimant's permits for petroleum and natural gas exploration in the Utica shale gas basin, including beneath the St. Lawrence River.
Rights under oil and gas exploration permits held by a wholly-owned Canadian subsidiary. Pending Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Veeder, V. V. - President

Haigh, D. - Claimant

Stern, B. - Respondent
109.80 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
Pending None None None None None None None
60 2013 Transglobal v. Panama Transglobal Green Energy, LLC and Transglobal Green Panama, S.A. v. Republic of Panama (ICSID Case No. ARB/13/28) Panama - United States of America BIT (1982) ICSID ICSID Investment: Indirect ownership interest (70 per cent) and control over a 50-year concession to operate the Bajo de Mina hydroelectric power plant.

Summary: Claims arising out of the Government's cancellation of a hydro-electric power plant concession and its alleged subsequent failure to abide by Panama Supreme Court's decision that reinstated the investor in its rights to the concession.
Indirect ownership interest (70 per cent) and control over a 50-year concession to operate the Bajo de Mina hydroelectric power plant. Decided in favour of State Panama United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Rigo Sureda, A. - President

Schreuer, C. H. - Claimant

Paulsson, J. - 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
None - jurisdiction declined Decision on the admissibility of the Respondent’s preliminary objections pursuant to ICSID Arbitration Rule 41(5) dated 17 March 2015

Award dated 2 June 2016
None None None None None None
61 2013 Windstream Energy v. Canada Windstream Energy LLC v. The Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Ownership of WWIS (100 per cent shareholding), a Canadian corporation that had entered into a power purchase agreement under the Ontario Power Authority’s feed-in-tariff program to develop an offshore wind generation facility in Ontario.

Summary: Claims arising out of a moratorium imposed by the Government of Ontario on offshore wind farms that indefinitely suspended claimant's investment project in this sector.
Ownership of WWIS (100 per cent shareholding), a Canadian corporation that had entered into a power purchase agreement under the Ontario Power Authority’s feed-in-tariff program to develop an offshore wind generation facility in Ontario. Decided in favour of investor Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Heiskanen, V. - President

Bishop, D. - Claimant

Cremades, B. M. - Respondent
568.50 mln CAD (522.10 mln USD) 25.20 mln CAD (19.10 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 27 September 2016 None None None None None None
62 2012 Ampal-American and others v. Egypt Ampal-American Israel Corp., EGI-Fund (08-10) Investors LLC, EGI-Series Investments LLC, BSS-EMG Investors LLC and David Fischer v. Arab Republic of Egypt (ICSID Case No. ARB/12/11) Egypt - United States of America BIT (1986)

Egypt - Germany BIT (2005)
ICSID ICSID Investment: Shareholding in a consortium that held a long term gas supply contract with the Egyptian General Petroleum Corporation and the Egyptian Natural Gas Holdings.

Summary: Claims arising out of alleged breaches of a long term contract for the supply of natural gas between the parties, including the prolonged interruption of gas supply and failure to deliver the agreed volume of gas.
Shareholding in a consortium that held a long term gas supply contract with the Egyptian General Petroleum Corporation and the Egyptian Natural Gas Holdings. Pending Egypt United States of America

Germany
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Fortier, L. Y. - President

Orrego Vicuña, F. - Claimant (replaced)

Mance, J. - Claimant

McLachlan, C. A. - Respondent
535.10 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

Arbitrary, unreasonable and/or discriminatory measures

Umbrella clause
Indirect expropriation

Full protection and security, or similar
Decision on Jurisdiction dated 1 February 2016

Decision on Liability and Heads of Loss dated 21 February 2017
None None None None None None
63 2012 Levitis v. Kyrgyzstan Ilya Levitis v. Kyrgyzstan Kyrgyzstan - United States of America BIT (1993) UNCITRAL PCA Investment: Shareholding in Asia Universal Bank, a Kyrgyzstan-based commercial bank.

Summary: Claims arising out of alleged losses relating to claimant's shareholding in a commercial bank nationalized by Kyrgyzstan.
Shareholding in Asia Universal Bank, a Kyrgyzstan-based commercial bank. Discontinued Kyrgyzstan United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Newcombe, A. - President

DeWitt, R. - Claimant

Wordsworth, S. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Award on costs dated 19 December 2013 None None None None None None
64 2012 Mercer v. Canada Mercer International, Inc. v. Canada (ICSID Case No. ARB(AF)/12/3) NAFTA (1992) ICSID AF ICSID Investment: Ownership and operation, through claimant's wholly-owned Canadian subsidiary Zellstoff Celgar Limited, of an industrial plant consisting of a pulp mill and a biomass-based electricity generation facility, located in British Columbia.

Summary: Claims arising out of the alleged failure by Canadian regulatory agencies (BC Hydro and Power Authority, the British Columbia Utilities Commission and the BC Ministry of Energy and Mines) to implement a uniform treatment for pulp mills and other customers with self-generated power capacity in the Province of British Columbia and allegedly denying claimant's subsidiary the benefits available to its competitors.
Ownership and operation, through claimant's wholly-owned Canadian subsidiary Zellstoff Celgar Limited, of an industrial plant consisting of a pulp mill and a biomass-based electricity generation facility, located in British Columbia. Decided in favour of State Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Veeder, V. V. - President

Orrego Vicuña, F. - Claimant

Douglas, Z. - Respondent
243.00 mln CAD (231.60 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 6 March 2018

Supplementary Decision dated 10 December 2018
None None None None None None
65 2012 Nadel v. Kyrgyzstan Mikhail Nadel and Ithaca Holdings Inc. v. Kyrgyzstan Kyrgyzstan - United States of America BIT (1993) UNCITRAL Data not available Investment: Minority shareholding in Asia Universal Bank, a Kyrgyzstan-based commercial bank.

Summary: Claims arising out of alleged losses relating to claimants' shareholding in a commercial bank nationalized by Kyrgyzstan.
Minority shareholding in Asia Universal Bank, a Kyrgyzstan-based commercial bank. Discontinued Kyrgyzstan Russian Federation

United States of America
Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Reichert, K. - President

DeWitt, R. - Claimant

Stern, B. - Respondent
400.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Award on costs dated 31 October 2013 None None None None None None
66 2011 Al Tamimi v. Oman Adel A Hamadi Al Tamimi v. Sultanate of Oman (ICSID Case No. ARB/11/33) Oman-US FTA ICSID ICSID Investment: Controlling shareholding in two investment vehicle companies that had concluded two 25-year lease agreements with the state-owned mining company OMCO to quarry limestone in the Buraimi region of Oman.

Summary: Claims arising out of the Government's alleged harassment and interference in the operation of claimant's mining companies in Oman, leading to the termination of the relevant lease agreements and the confiscation of the mining facilities by the Royal Oman police.
Controlling shareholding in two investment vehicle companies that had concluded two 25-year lease agreements with the state-owned mining company OMCO to quarry limestone in the Buraimi region of Oman. Decided in favour of State Oman United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Williams, D. A. R. - President

Brower, C. N. - Claimant

Thomas, J. C. - Respondent
560.00 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

National treatment
None - all claims dismissed at the merits stage Award dated 3 November 2015 None None None None None None
67 2011 Detroit International v. Canada Detroit International Bridge Company v. Government of Canada (PCA Case No. 2012-25) NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of a Canadian company that constructed and operated an international toll bridge between Michigan and Ontario.

Summary: Claims arising out of legislation passed by the Government of Canada giving it authority over the construction, operation and ownership of international bridges, and its alleged effect upon to the Ambassador Bridge, which spans the Detroit River between Detroit and Windsor, Canada, in which the claimant had invested.
Ownership and control of a Canadian company that constructed and operated an international toll bridge between Michigan and Ontario. Decided in favour of State Canada United States of America Tertiary: F - Construction 42 - Civil engineering Derains, Y. - President

Chertoff, M. - Unknown

Lowe, V. - Unknown
3500.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - jurisdiction declined Award on Jurisdiction dated 2 April 2015

Award on Costs dated 17 August 2015
Separate Dissenting Jurisdictional Statement None None None None None
68 2011 Merck v. Ecuador Merck Sharpe & Dohme (I.A.) Corporation v. The Republic of Ecuador (PCA Case No. 2012-10) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Ownership of a pharmaceutical manufacturing company located in Ecuador.

Summary: Claims arising out of judicial proceedings before Ecuadorian courts concerning claimant's refusal to sell a pharmaceutical factory to the Ecuadorian company NIFA, which allegedly resulted in a denial of justice.
Ownership of a pharmaceutical manufacturing company located in Ecuador. Pending Ecuador United States of America Secondary: C - Manufacturing 21 - Manufacture of basic pharmaceutical products and pharmaceutical preparations Berman, F. - President

Schwebel, S. M. - Claimant

Simma, B. - Respondent
Data not available Data not available 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 Partial Final Award dated 25 January 2018 None None None None None None
69 2011 Mesa Power v. Canada Mesa Power Group LLC v. Government of Canada (PCA Case No. 2012-17) NAFTA (1992) UNCITRAL PCA Investment: Indirect ownership and control of four wind farms in southwestern Ontario.

Summary: Claims arising out of various government measures related to the regulation and production of renewable energy in Ontario, Canada, that allegedly imposed sudden changes to the established scheme of a feed-in-tariff program.
Indirect ownership and control of four wind farms in southwestern Ontario. Decided in favour of State Canada United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Brower, C. N. - Claimant

Landau, T. - Respondent
775.00 mln CAD (738.60 mln USD) Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Performance requirements

Full protection and security, or similar
None - all claims dismissed at the merits stage Award dated 24 March 2016 Concurring and Dissenting Opinion of Charles N. Brower Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the US District Court for the District of Columbia dated 15 June 2017 (Judicial review by national courts) None None
70 2011 Murphy v. Ecuador (II) Murphy Exploration & Production Company – International v. The Republic of Ecuador (II) (PCA Case No. 2012-16) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Shares of stock in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of Ecuador's enactment of Law No. 42 imposing a 99 per cent windfall levy on foreign oil revenues that allegedly resulted in the expropriation of Murphy's investment in Block 16 of the Ecuadorian Amazon, an oil-rich region bordering Peru and Brazil.
Shares of stock in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Hanotiau, B. - President

Hobér, K. - Claimant

Tawil, G. S. - Claimant (replaced)

Abi-Saab, G. - Respondent (replaced)

Stern, B. - Respondent (replaced)

Derains, Y. - Respondent
355.00 mln USD 20.00 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

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Partial Award on Jurisdiction dated 13 November 2013

Partial Final Award dated 6 May 2016

Final Award dated 10 February 2017
Separate Opinion of Georges Abi-Saab (Partial Award on Jurisdiction) None None None None None
71 2011 Renco v. Peru (I) The Renco Group, Inc. v. Republic of Peru (I) (ICSID Case No. UNCT/13/1) Peru - United States FTA (2006) UNCITRAL ICSID Investment: Interests in the mining project of La Oroya held through a wholly-owned affiliate; rights under certain stock transfer agreement and guaranty agreement.

Summary: Claims arising out of alleged arbitrary and unfair application of government measures and contracts related to interests in the mining operations in La Oroya, which Renco owned through its wholly-owned affiliate, Doe Run Peru S.R. LTDA.
Interests in the mining project of La Oroya held through a wholly-owned affiliate; rights under certain stock transfer agreement and guaranty agreement. Decided in favour of State Peru United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Moser, M. J. - President

Fortier, L. Y. - Claimant

Landau, T. - Respondent
800.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Umbrella clause
None - jurisdiction declined Decision as to the Scope of the Respondent’s Preliminary Objections under Article 10.20(4) dated 18 December 2014

Partial Award on Jurisdiction dated 15 July 2016

Final Award dated 9 November 2016
None None None None None None
72 2011 Ryan and others v. Poland Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v. Republic of Poland (ICSID Case No. ARB(AF)/11/3) Poland - United States of America BIT (1990) ICSID AF ICSID Investment: Interests in a vegetable oil production and processing enterprise.

Summary: Claims arising out of a series of Governmental actions that allegedly caused the bankruptcy of a margarine production company in which the claimant had invested.
Interests in a vegetable oil production and processing enterprise. Decided in favour of State Poland United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Khan, M. A. - President

Orrego Vicuña, F. - Claimant

von Wobeser, C. - Respondent
120.30 mln USD (120.30 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

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Decision on the Respondent's request to address the objections to jurisdiction as a preliminary question dated 16 January 2013

Award dated 24 November 2015
Partial Dissenting Opinion Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Paris Court of Appeal dated 2 April 2019 (Judicial review by national courts) None None
73 2011 St. Marys v. Canada St. Marys VCNA, LLC v. The Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of a Canadian company that had applied for permits to open a dolostone rock quarry on agricultural land near the city of Hamilton.

Summary: Claims arising out of various measures taken by the Government of Ontario, the City of Hamilton, the Town of Milton and the Halton Region allegedly affecting the investor’s proposal to convert agricultural lands in the Hamilton region into an aggregate quarry.
Ownership and control of a Canadian company that had applied for permits to open a dolostone rock quarry on agricultural land near the city of Hamilton. Settled Canada United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Pryles, M. C. - President

Stewart, R. - Claimant

Stern, B. - Respondent
275.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Consent Award dated 29 March 2013 None None None None None None
74 2010 AbitibiBowater v. Canada AbitibiBowater Inc. v. Government of Canada (ICSID Case No. UNCT/10/1) NAFTA (1992) UNCITRAL ICSID Investment: Ownership and/or operation of pulp and paper manufacturing enterprises in Canada; associated land rights, timber rights, real property rights (hydro assets), water use rights established through several deeds, leases, easements and other contractual agreements.

Summary: Claims arising out of a legislation passed by the Government of Newfoundland and Labrador to expropriate AbitibiBowater Inc.’s water and timber rights and hydroelectric assets in the province.
Ownership and/or operation of pulp and paper manufacturing enterprises in Canada; associated land rights, timber rights, real property rights (hydro assets), water use rights established through several deeds, leases, easements and other contractual agreements. Settled Canada United States of America Secondary: C - Manufacturing

Tertiary: D - Electricity, gas, steam and air conditioning supply
17 - Manufacture of paper and paper products

35 - Electricity, gas, steam and air conditioning supply
Bucher, A. - President

Bishop, D. - Claimant

Griffith, G. - Respondent
500.00 mln CAD (467.50 mln USD) 130.00 mln CAD (123.00 mln USD) Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Consent Award dated 15 December 2010 None None None None None None
75 2010 AES v. Kazakhstan AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16) Kazakhstan - United States of America BIT (1992)

The Energy Charter Treaty (1994)
ICSID ICSID Investment: Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government.

Summary: Claims arising out of a series of actions including fines and tariff restrictions imposed to claimants by Kazakh competition authorities concerning energy prices that allegedly had adverse financial impacts on the company’s operations in the country.
Ownership of a number of power facilities and trading companies that held rights under long-term concessions concluded with the Government. Decided in favour of neither party (liability found but no damages awarded) Kazakhstan United States of America

Netherlands
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tercier, P. - President

Born, G. B. - President (replaced)

Sachs, K. - Claimant

Lowe, V. - Respondent
1290.00 mln USD 0.00 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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Transfer of funds

Full protection and security, or similar
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 1 November 2013 None None None None None None
76 2010 Awdi v. Romania Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania (ICSID Case No. ARB/10/13) Romania - United States of America BIT (1992) ICSID ICSID Investment: Majority shareholding in a press distribution company that held a concession to operate kiosks across Romania; ownership of a historical building in the centre of Bucharest serving as boutique hotel and restaurant.

Summary: Claims arising out of the Government's alleged failure to protect claimants' press distribution and boutique hotel investments, following a decision issued by the Romanian Constitutional Court declaring a law that guaranteed claimants' investment as unconstitutional.
Majority shareholding in a press distribution company that held a concession to operate kiosks across Romania; ownership of a historical building in the centre of Bucharest serving as boutique hotel and restaurant. Decided in favour of investor Romania United States of America Tertiary: J - Information and communication

Tertiary: L - Real estate activities
58 - Publishing activities

68 - Real estate activities
Bernardini, P. - President

Gharavi, H. G. - Claimant

Dolzer, R. - Respondent
Data not available 7.70 mln EUR (8.60 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

Arbitrary, unreasonable and/or discriminatory measures

Other
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on the Admissibility of the Respondent's Third Objection to Jurisdiction and Admissibility of Claimants' Claims dated 26 July 2013

Award dated 2 March 2015
None None None None None None
77 2010 Greiner v. Canada William Jay Greiner and Malbaie River Outfitters Inc. v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Sole shareholding in a Quebec-based lodge and outfitting company; capital contributions of over CAD 1.5 million to construct lodging facilities, purchasing water rights and licenses, marketing and maintenance of the business.

Summary: Claims arising out of the decision by the Government of Quebec to modify its lottery system for fishing licenses and the revocation of the investor's authorizations of commerce which were necessary to conduct claimants' fishing tour operations in Quebec.
Sole shareholding in a Quebec-based lodge and outfitting company; capital contributions of over CAD 1.5 million to construct lodging facilities, purchasing water rights and licenses, marketing and maintenance of the business. Discontinued Canada United States of America Primary: A - Agriculture, forestry and fishing

Tertiary: N - Administrative and support service activities
3 - Fishing and aquaculture

79 - Travel agency, tour operator, reservation service and related activities
Rovine, A. W. - Claimant

Dupuy, P.-M. - Respondent

Name not available - President
8.00 mln CAD (7.80 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
78 2010 Guaracachi v. Bolivia Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia (PCA Case No. 2011-17) Bolivia, Plurinational State of - United Kingdom BIT (1988)

Bolivia, Plurinational State of - United States of America BIT (1998)
UNCITRAL PCA Investment: Indirect controlling shareholding in Bolivian company that held a 30 year electricity generation license; associated licenses and permits; capital contributions for acquisition of energy generation assets including several gas turbines and gas engines.

Summary: Claims arising out of the Government's nationalisation of Guaracachi America, Inc. and of Rurelec's controlling 50.001 per cent shareholding in the Bolivian electricity company Empresa Eléctrica Guaracachi, as well as the alleged failure by the claimants to obtain justice through the Bolivian court system and the subsequent seizure of assets owned by Rurelec’s subsidiary, Energía para Sistemas Aislados Energais S.A.
Indirect controlling shareholding in Bolivian company that held a 30 year electricity generation license; associated licenses and permits; capital contributions for acquisition of energy generation assets including several gas turbines and gas engines. Decided in favour of investor Bolivia, Plurinational State of United Kingdom

United States of America
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Júdice, J. M. - President

Conthe, M. - Claimant

Vinuesa, R. E. - Respondent
136.40 mln USD 28.90 mln USD Direct 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
Direct expropriation Award dated 31 January 2014 Dissenting Opinion of co-arbitrator Manuel Conthe (Award) None None None None None
79 2010 McKenzie v. Viet Nam Michael McKenzie v. Viet Nam US-Viet Nam Trade Relations Agreement UNCITRAL PCA Investment: Indirect ownership of an investment license to develop a coastal resort in Vietnam’s province of Binh Thuan.

Summary: Claims arising out of the alleged Government's failure to transfer certain land rights to claimant's locally incorporated subsidiary necessary for the development of a tourism resort.
Indirect ownership of an investment license to develop a coastal resort in Vietnam’s province of Binh Thuan. Decided in favour of State Viet Nam United States of America Tertiary: I - Accommodation and food service activities 55 - Accommodation Kaplan, N. - President

Gotanda, J. Y. - Claimant

McLachlan, C. A. - Respondent
3750.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Other
None - jurisdiction declined Award dated 11 December 2013 None None None None None None
80 2010 Minnotte and Lewis v. Poland David Minnotte and Robert Lewis v. Republic of Poland (ICSID Case No. ARB(AF)/10/1) Poland - United States of America BIT (1990) ICSID AF ICSID Investment: Shareholding in company set up to construct and operate a plasma protein fractionation plant in southern Poland.

Summary: Claims arising out of a series of alleged actions by the Polish ministry of finance aimed at ensuring that certain banks discontinued their financing of a construction project for the development of a plasma processing plant in which the claimant had invested.
Shareholding in company set up to construct and operate a plasma protein fractionation plant in southern Poland. Decided in favour of State Poland United States of America Tertiary: Q - Human health and social work activities 86 - Human health activities Lowe, V. - President

Mendelson, M. - Claimant

Silva Romero, E. - Respondent
35.00 mln USD Data not available Direct expropriation

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 Award dated 16 May 2014 None None None None None None
81 2010 Pan American v. Bolivia Pan American Energy LLC v. Plurinational State of Bolivia (ICSID Case No. ARB/10/8) Bolivia, Plurinational State of - United States of America BIT (1998) ICSID ICSID Investment: Shareholding in Pan American's subsidiary Chaco Petroleum, which held hydrocarbons exploration and exploitation rights in Bolivia.

Summary: Claims arising out of the Government's nationalization of the Chaco Petroleum Company, a subsidiary in which Pan American held a 50 per cent interest.
Shareholding in Pan American's subsidiary Chaco Petroleum, which held hydrocarbons exploration and exploitation rights in Bolivia. Settled Bolivia, Plurinational State of United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Cremades, B. M. - President

Orrego Vicuña, F. - Claimant

Oreamuno Blanco, R. - Respondent
1500.00 mln USD 357.00 mln USD Direct expropriation Not applicable - settled or discontinued before decision on liability Decision on the Respondent's Preliminary Objections pursuant to ICSID Arbitration Rule 41(5) dated 26 April 2013

Decision on Respondent's request to address the objections to jurisdiction as a preliminary question dated 25 November 2013

Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 24 February 2015, pursuant to ICSID Arbitration Rule 43(1)
None None None None None None
82 2010 RSM v. Ecuador RSM Production Corporation v. Republic of Ecuador Ecuador - United States of America BIT (1993) UNCITRAL Data not available Investment: Rights under a mining license.

Summary: Claims arising out of the alleged Government's wrongful termination of a mining license for a tar-sands project in Ecuador.
Rights under a mining license. Pending Ecuador United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Tribunal not constituted Data not available Data not available Indirect expropriation Pending Data not available Data not available None None None None None
83 2010 RSM v. Grenada RSM Production Corporation and others v. Grenada (ICSID Case No. ARB/10/6) Grenada - United States of America BIT (1986) ICSID ICSID Investment: Rights under a petroleum exploration agreement under which RSM would apply for, and Grenada would grant, a petroleum exploration licence within 90 days of the agreement’s effective date.

Summary: Claims arising out of the Government's refusal to grant RSM a petroleum exploration licence by considering that the application was untimely.
Rights under a petroleum exploration agreement under which RSM would apply for, and Grenada would grant, a petroleum exploration licence within 90 days of the agreement’s effective date. Decided in favour of State Grenada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Rowley, J. W. - President

Nottingham, E. - Claimant

Tercier, P. - Respondent
500.00 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

Customary rules of international law

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 10 December 2010 None None None None None None
84 2010 TECO v. Guatemala TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23) CAFTA - DR (2004) ICSID ICSID Investment: Shareholding in Empresa Eléctrica de Guatemala, a local electricity distribution company that held rights under certain authorization agreement for distribution of electricity in the departments of Guatemala, Sacatepéquez and Escuintla, for a period of 50 years.

Summary: Claims arising out of Guatemala’s electricity regulator decision to set tariffs for the electricity company in which the claimant had investment based on an independently commissioned technical study rather than on a study commissioned by the electricity company, during the process of review and pricing of electricity distribution tariffs for the five-year period 2008-2013.
Shareholding in Empresa Eléctrica de Guatemala, a local electricity distribution company that held rights under certain authorization agreement for distribution of electricity in the departments of Guatemala, Sacatepéquez and Escuintla, for a period of 50 years. Decided in favour of investor Guatemala United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Mourre, A. - President

Park, W. W. - Claimant

von Wobeser, C. - Respondent

Oreamuno Blanco, R. - Respondent (replaced)
243.60 mln USD 21.10 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 19 December 2013 None ICSID annulment proceedings

ICSID resubmission proceedings
Award/decision partially annulled (ICSID annulment proceedings)

Pending (ICSID resubmission proceedings)
Decision on Annulment dated 5 April 2016 (ICSID annulment proceedings) None Hanotiau, B. - President

Oyekunle, T. - Member

Sachs, K. - Member
85 2009 Centurion v. Canada Melvin J. Howard, Centurion Health Corp. & Howard Family Trust v. The Government of Canada (PCA Case No. 2009-21) NAFTA (1992) UNCITRAL PCA Investment: Ownership of a Canadian corporation that had contracted for the purchase of 9.5 acres in Vancouver to build a privately-owned health center in Canada; capital expenses related to the construction of such health centre.

Summary: Claims arising out of the planned construction by the claimants of a private healthcare facility intended to offer a wide range of surgical services in Vancouver, British Columbia, and the alleged impediment of the project's completion by a range of legislative and administrative measures adopted by the local, provincial and federal governments.
Ownership of a Canadian corporation that had contracted for the purchase of 9.5 acres in Vancouver to build a privately-owned health center in Canada; capital expenses related to the construction of such health centre. Discontinued Canada United States of America Tertiary: Q - Human health and social work activities 86 - Human health activities Tomka, P. - President

Florestal, M. - Claimant

Álvarez, H. C. - Respondent
160.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other
Not applicable - settled or discontinued before decision on liability Order for the Termination of the Proceedings and Award on Costs dated 2 August 2010 None None None None None None
86 2009 Chevron and TexPet v. Ecuador (II) Chevron Corporation and Texaco Petroleum Company v. The Republic of Ecuador (II) (PCA Case No. 2009-23) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government.

Summary: Claims arising out of Texaco's historical activities under oil concession contracts, and the alleged Government's misconduct in subsequent domestic litigation against Texaco for environmental remediation (in the so-called “Lago Agrio” judgment of 2012, the Ecuadorian court ordered Chevron and TexPet to pay USD 9.5 billion for environmental damage).
Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government. Pending Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Veeder, V. V. - President

Grigera Naón, H. A. - Claimant

Lowe, V. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Umbrella clause

National treatment

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures
Umbrella clause

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Third Interim Award on Jurisdiction and Admissibility dated 27 February 2012

First Partial Award on Track I dated 17 September 2013

Decision on Track 1B dated 12 March 2015

Second Partial Award on Track II dated 30 August 2018
Note of Dissent Judicial review by national courts

Judicial review by national courts
Award/decision upheld (Judicial review by national courts)

Award/decision upheld (Judicial review by national courts)
Judgment of the District Court of The Hague dated 20 January 2016 (Judicial review by national courts)

Judgment of the Appeal Court of The Hague dated 18 July 2017 (Judicial review by national courts)

Judgment of the Supreme Court of the Netherlands dated 12 April 2019 (Judicial review by national courts)
None None
87 2009 Commerce Group v. El Salvador Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador (ICSID Case No. ARB/09/17) CAFTA - DR (2004) ICSID ICSID Investment: Rights under exploration licenses and environmental permits granted to the claimants by the Government for mining of precious metals and related activities in El Salvador.

Summary: Claims arising out of the Government's termination of a 30-year mining concession to the claimants, following the withdrawal of environmental permits.
Rights under exploration licenses and environmental permits granted to the claimants by the Government for mining of precious metals and related activities in El Salvador. Decided in favour of State El Salvador United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores van den Berg, A. J. - President

Grigera Naón, H. A. - Claimant

Thomas, J. C. - Respondent
100.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
None - jurisdiction declined Award dated 14 March 2011 None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order of the Committee Discontinuing the Proceeding and Decision on Costs dated 28 August 2013 (ICSID annulment proceedings) None Gaillard, E. - President

Pryles, M. C. - Member

Schreuer, C. H. - Member
88 2009 Dow AgroSciences v. Canada Dow AgroSciences LLC v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Indirect ownership of a Canadian corporation engaged in the manufacture and sale of specialty chemical products (i.e. claimant's indirect wholly-owned subsidiary).

Summary: Claims arising out of losses allegedly caused by a Quebec ban on the sale and certain uses of lawn pesticides containing the active ingredient 2,4-D which the claimant manufactured in the United States for sale to various companies in numerous countries, including Canada.
Indirect ownership of a Canadian corporation engaged in the manufacture and sale of specialty chemical products (i.e. claimant's indirect wholly-owned subsidiary). Settled Canada United States of America Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Tribunal not constituted 2.00 mln USD Non-pecuniary relief Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Not applicable - settled or discontinued before decision on liability None None None None None None None
89 2009 Global Trading v. Ukraine Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (ICSID Case No. ARB/09/11) Ukraine - United States of America BIT (1994) ICSID ICSID Investment: Rights under poultry sales and purchase contracts concluded between the claimants and senior Ukrainian officials; particularly, the right to be paid for performance of contractual obligations.

Summary: Claims arising out of Ukraine's alleged failure to pay for and take delivery of poultry shipped to the designated port under certain poultry sales contracts concluded with the claimants, and the alleged resulting losses incurred by the claimants before they could dispose of the goods.
Rights under poultry sales and purchase contracts concluded between the claimants and senior Ukrainian officials; particularly, the right to be paid for performance of contractual obligations. Decided in favour of State Ukraine United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Berman, F. - President

Gaillard, E. - Claimant

Thomas, J. C. - Respondent
35.00 mln USD Data not available Unclear None - jurisdiction declined Award dated 1 December 2010 None None None None None None
90 2009 H&H v. Egypt H&H Enterprises Investments, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/09/15) Egypt - United States of America BIT (1986) ICSID ICSID Investment: Rights under a hotel management and operation contract concluded between the claimant and Grand Hotels of Egypt (GHE), a company owned by the Egyptian Government; option to buy in the form of a one-page letter addressed to the then chairman of GHE.

Summary: Claims arising out of disagreements between the parties concerning a contract to manage and operate a resort in El Ain El Sokhna including the denial of claimant's alleged right to purchase the resort under an option to buy agreement leading to litigation before domestic courts and the Government's subsequent eviction of H&H from the resort.
Rights under a hotel management and operation contract concluded between the claimant and Grand Hotels of Egypt (GHE), a company owned by the Egyptian Government; option to buy in the form of a one-page letter addressed to the then chairman of GHE. Decided in favour of State Egypt United States of America Tertiary: I - Accommodation and food service activities 55 - Accommodation Cremades, B. M. - President

Heiskanen, V. - Claimant

Gharavi, H. G. - Respondent
833.00 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
None - all claims dismissed at the merits stage The Tribunal’s Decision on Respondent’s Objections to Jurisdiction dated 5 June 2012

Award dated 6 May 2014
None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) None None Alexandrov, S. A. - President

Abraham, C. W. M. - Member

Cheng, T. - Member
91 2009 Itera v. Georgia (II) Itera International Energy LLC and Itera Group NV v. Georgia (II) (ICSID Case No. ARB/09/22) Georgia - United States of America BIT (1994)

Georgia - Netherlands BIT (1998)
ICSID ICSID Investment: Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services.

Summary: Claims arising out of the alleged restructuring of significant gas debts owed by Georgian state-owned entities to Itera and actions subsequently taken by Georgia that rendered the claimants’ investments valueless, including the bankruptcy proceedings of a chemical fertilizer plant in the city of Rustavi in which Itera had acquired a majority shareholding.
Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services. Settled Georgia United States of America

Netherlands
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Tribunal not constituted 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 issued by the Secretary-General dated 19 November 2010, pursuant to Arbitration Rule 43(1) None None None None None None
92 2009 Pac Rim v. El Salvador Pac Rim Cayman LLC v. Republic of El Salvador (ICSID Case No. ARB/09/12) CAFTA - DR (2004) ICSID ICSID Investment: Sole ownership of certain Salvadoran mining companies that held rights conferred by exploration licenses, authorizations and permits, including the right to a mining exploitation concession in the area known as "EI Dorado"; related capital expenditures.

Summary: Claims arising out of the Government's refusal to issue necessary mining licences for Pacific Rim’s El Dorado gold mining project in northern El Salvador due to alleged environmental concerns including the company’s use of certain chemicals in the extraction process.
Sole ownership of certain Salvadoran mining companies that held rights conferred by exploration licenses, authorizations and permits, including the right to a mining exploitation concession in the area known as "EI Dorado"; related capital expenditures. Decided in favour of State El Salvador United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Veeder, V. V. - President

Tawil, G. S. - Claimant

Stern, B. - Respondent
314.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Other
None - jurisdiction declined Decision on the Respondent's Preliminary Objections under CAFTA Articles 10.20.4 and 10.20.5 dated 2 August 2010

Decision on the Respondent's Jurisdictional Objections dated 1 June 2012
None None None None None None
93 2009 Ulysseas v. Ecuador Ulysseas, Inc. v. The Republic of Ecuador (PCA No. 2009-19) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Rights under two power barge agreements concluded between claimant, a special purpose vehicle owned by the US hedge fund Elliott Associates, and Ecuador's electricity regulator Conelec to generate electricity during a period of severe national shortages.

Summary: Claims arising out of several Government measures that allegedly altered the legal and regulatory framework governing the power sector in Ecuador, including the payment system applicable to private thermoelectric generators like Ulysseas, and the State's subsequent withdrawal of claimant's operating permit due to alleged contractual breaches.
Rights under two power barge agreements concluded between claimant, a special purpose vehicle owned by the US hedge fund Elliott Associates, and Ecuador's electricity regulator Conelec to generate electricity during a period of severe national shortages. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bernardini, P. - President

Pryles, M. C. - Claimant

Stern, B. - Respondent
57.00 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

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Interim Award dated 28 September 2010

Final Award dated 12 June 2012
None None None None None None
94 2008 Bosh v. Ukraine Bosh International, Inc. and B&P, LTD Foreign Investments Enterprise v. Ukraine (ICSID Case No. ARB/08/11) Ukraine - United States of America BIT (1994) ICSID ICSID Investment: Rights under a contract concluded between B&P and the Taras Shevchenko National University of Kiev to undertake a two-stage renovation and redevelopment of a property.

Summary: Claims arising out of the termination of a contract entered into between the investors and a Ukranian university for the development of a facility comprising a hotel, sports facilities, conference rooms and a research training centre, through conduct of Ukrainian courts, the Ministry of Justice, and the Education Control Division of the General Control and Revision Office of Ukraine.
Rights under a contract concluded between B&P and the Taras Shevchenko National University of Kiev to undertake a two-stage renovation and redevelopment of a property. Decided in favour of State Ukraine United States of America Tertiary: F - Construction 41 - Construction of buildings Griffith, G. - President

Sands, P. - Claimant

McRae, D. M. - 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
None - all claims dismissed at the merits stage Award dated 25 October 2012 None None None None None None
95 2008 Burlington v. Ecuador Burlington Resources, Inc. v. Republic of Ecuador (ICSID Case No. ARB/08/5) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under production sharing contracts for the exploration and exploitation of Blocks 7 and 21, concluded between a Burlington wholly-owned subsidiary and Ecuador.

Summary: Claims arising out of Ecuador's enactment of a law imposing a 99 per cent windfall levy on foreign oil revenues as a result of an oil spike starting in 2002, the Government's decision to migrate to service contracts and the subsequent caducidad process to terminate the investor's production sharing agreements.
Rights under production sharing contracts for the exploration and exploitation of Blocks 7 and 21, concluded between a Burlington wholly-owned subsidiary and Ecuador. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Kaufmann-Kohler, G. - President

Drymer, S. L. - Claimant

Orrego Vicuña, F. - Claimant (replaced)

Stern, B. - Respondent
1515.60 mln USD 379.80 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

Umbrella clause

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Direct expropriation Decision on Liability dated 14 December 2012

Decision on Jurisdiction dated 2 June 2010

Decision on Counterclaims dated 7 February 2017

Decision on Reconsideration and Award dated 7 February 2017
Dissenting Opinion of Arbitrator Orrego Vicuña (Decision on Liability) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) None None Rigo Sureda, A. - President

Bernardini, P. - Member

Van Houtte, V. - Member
96 2008 Caratube v. Kazakhstan Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Rights under an oil exploration and production contract concluded between the Kazakh Ministry of Energy and Mineral Resources and a company which later assigned such contractual rights to Caratube, owned and controlled in its majority by a U.S. national.

Summary: Claims arising out of the termination by the Government of Caratube’s licence to an oilfield in Kazakhstan and allegations that the investor had been continuously harassed by the authorities.
Rights under an oil exploration and production contract concluded between the Kazakh Ministry of Energy and Mineral Resources and a company which later assigned such contractual rights to Caratube, owned and controlled in its majority by a U.S. national. Decided in favour of State Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Griffith, G. - Claimant

Hossain, K. - Respondent
1149.00 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

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award dated 5 June 2012 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on the Annulment Application of Caratube International Oil Company LLP dated 21 February 2014 (ICSID annulment proceedings) None None
97 2008 Clayton/Bilcon v. Canada Clayton and Bilcon of Delaware Inc. v. Government of Canada (PCA Case No. 2009-04) NAFTA (1992) UNCITRAL PCA Investment: Ownership and control of the Canadian company Bilcon of Nova Scotia and a lease agreement entered by this company for the property on which a quarry and marine terminal were to be developed.

Summary: Claims arising out of the Government's rejection of the investors' project to operate a quarry and marine terminal in the Canadian province of Nova Scotia, following a negative environmental assessment process.
Ownership and control of the Canadian company Bilcon of Nova Scotia and a lease agreement entered by this company for the property on which a quarry and marine terminal were to be developed. Decided in favour of investor Canada United States of America Primary: B - Mining and quarrying 8 - Other mining and quarrying Simma, B. - President

Schwartz, B. - Claimant

McRae, D. M. - Respondent
443.40 mln USD 7.00 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment
Award on Jurisdiction and Liability dated 17 March 2015

Award on Damages dated 10 January 2019
Dissenting opinion by Professor Donald McRae

Concurring Opinion of Bryan Schwartz
Judicial review by national courts

Judicial review by national courts
Award/decision upheld (Judicial review by national courts)

Pending (Judicial review by national courts)
Judgment of the Federal Court of Canada dated 2 May 2018 (Judicial review by national courts) None None
98 2008 Itera v. Georgia (I) Itera International Energy LLC and Itera Group NV v. Georgia (I) (ICSID Case No. ARB/08/7) Georgia - United States of America BIT (1994)

Georgia - Netherlands BIT (1998)
ICSID ICSID Investment: Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services.

Summary: Claims arising out of the alleged restructuring of significant gas debts owed by Georgian state-owned entities to Itera and actions subsequently taken by Georgia that rendered the claimants’ investments valueless, including the bankruptcy proceedings of a chemical fertilizer plant in the city of Rustavi in which Itera had acquired a majority shareholding.
Rights under a Debt Restructuring Agreement concluded between Georgia and the claimants concerning debts to Itera of various Georgian public sector organizations and state-owned companies related to gas supply services. Discontinued Georgia Netherlands

United States of America
Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Danelius, H. - President

Orrego Vicuña, F. - Claimant

Stern, B. - Respondent
46.40 mln USD Data not available Unclear Not applicable - settled or discontinued before decision on liability Decision on the Admissibility of Ancillary Claims dated 4 December 2009

Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 19 November 2010, pursuant to ICSID Arbitration Rule 43(1)
Dissenting Opinion of Professor Francisco Orrego Vicuña (Decision on the Admissibility of Ancillary Claims) None None None None None
99 2008 iZee v. Georgia iZee Enterprises LLC, Lazer-2 Tbilisi Ltd., and Cafe Rustaveli Ltd. v. Georgia Georgia - United States of America BIT (1994) UNCITRAL None Investment: Fifty percent shareholding in each of three Georgian companies, Lazer-2 and SonyCentre-Tiblisi which sold Sony products in Georgia, and Café Rustaveli, a Georgian restaurant.

Summary: Claims arising out of the alleged seizure of claimant's business premises in Tbilisi by officers from the Georgian Interior Department.
Fifty percent shareholding in each of three Georgian companies, Lazer-2 and SonyCentre-Tiblisi which sold Sony products in Georgia, and Café Rustaveli, a Georgian restaurant. Settled Georgia United States of America Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles

Tertiary: I - Accommodation and food service activities
47 - Retail trade, except of motor vehicles and motorcycles

56 - Food and beverage service activities
Lalonde, M. - President

Hobér, K. - Claimant

Craig, W. L. - Respondent
12.00 mln USD Data not available Direct expropriation Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
100 2008 Murphy v. Ecuador (I) Murphy Exploration and Production Company International v. Republic of Ecuador (I) (ICSID Case No. ARB/08/4) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Minority shareholding in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of Ecuador's enactment of Law No. 42 imposing a 99 per cent windfall levy on foreign oil revenues that allegedly resulted in the expropriation of Murphy's investment in Block 16 of the Ecuadorian Amazon, an oil-rich region bordering Peru and Brazil.
Minority shareholding in local operating company that had concluded a service contract with Ecuador for the exploration and exploitation of hydrocarbons. Decided in favour of State Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Oreamuno Blanco, R. - President

Grigera Naón, H. A. - Claimant

Vinuesa, R. E. - 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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
None - jurisdiction declined Award on Jurisdiction dated 15 December 2010 Partial Dissenting Opinion of Mr. Horacio A. Grigera Naón (Award on Jurisdiction) None None None None None
101 2007 Gallo v. Canada Vito G. Gallo v. The Government of Canada (PCA Case No. 55798) NAFTA (1992) UNCITRAL PCA Investment: Ownership of all shares of 1532382 Ontario Inc., an Ontario corporation that owned and controlled a former mine site in Northern Ontario.

Summary: Claims arising out of Mr. Gallo’s Canadian company ownership of a former open-pit iron ore mine (the Adams Mine Site) that was intended to serve as a landfill for non-hazardous household and commercial waste from the City of Toronto and the Ontario Legislature’s imposition of Bill 49, which prevented disposal of waste at the Adams Mine Site.
Ownership of all shares of 1532382 Ontario Inc., an Ontario corporation that owned and controlled a former mine site in Northern Ontario. Decided in favour of State Canada United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Fernández-Armesto, J. - President

Castel, J.-G. - Claimant

Thomas, J. C. - Respondent (replaced)

Lévy, L. - Respondent
105.00 mln CAD (106.00 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Award dated 15 September 2011 None None None None None None
102 2007 Global Gold Mining v. Armenia Global Gold Mining LLC v. Republic of Armenia (ICSID Case No. ARB/07/7) Armenia - United States of America BIT (1992) ICSID ICSID Investment: License holder for the operation of mines in six locations in Armenia: Hanakavan, Marjan, Toukhmanuk, Getik, Lichkvaz-Tey and Terterasar.

Summary: Claims arising out of the decision of Armenia's Ministry of Environment to deny Global Gold the renewal of old mining licenses and the refusal to grant it new licenses, to which the investor considered it was entitled.
License holder for the operation of mines in six locations in Armenia: Hanakavan, Marjan, Toukhmanuk, Getik, Lichkvaz-Tey and Terterasar. Settled Armenia United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores Tribunal not constituted 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
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Acting Secretary-General dated 9 May 2008, pursuant to ICSID Arbitration Rule 43(1) None None None None None None
103 2007 Mobil and Murphy v. Canada (I) Mobil Investments Canada Inc. and Murphy Oil Corporation v. Government of Canada (I) (ICSID Case No. ARB(AF)/07/4) NAFTA (1992) ICSID AF ICSID Investment: Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada.

Summary: Claims arising out of changes in the regulatory regime applicable to the exploitation of two oil fields located off the coast of Newfoundland and Labrador in which the claimants had invested; particularly, the imposition of research and development expenditure requirements by the Canadian province of Newfoundland.
Indirect controlling shareholding in two companies, Hibernia Management and Development Co. and Terra Nova Oil Development Project, engaged in two petroleum development projects off the coast of the Province of Newfoundland and Labrador in Canada. Decided in favour of investor Canada United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas van Houtte, H. - President

Janow, M. - Claimant

Sands, P. - Respondent
60.00 mln CAD (59.10 mln USD) 17.30 mln CAD (13.90 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Performance requirements
Performance requirements Decision on Liability and Principles of Quantum dated 22 May 2012

Award dated 20 February 2015
Partial Dissenting Opinion, Professor Philippe Sands Q.C. (Decision on Liability and Principles of Quantum) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Decision of the Superior Court of Justice of Ontario dated 16 February 2016 (Judicial review by national courts) None None
104 2007 Mobil and others v. Venezuela Mobil Cerro Negro Holding, Ltd., Mobil Cerro Negro, Ltd., Mobil Corporation and others v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/27) Netherlands - Venezuela, Bolivarian Republic of BIT (1991) ICSID ICSID Investment: Interests in two extra-heavy crude oil projects located in the Venezuelan region of the Orinoco Oil Belt, under profit sharing agreements concluded with the Government.

Summary: Claims arising out of Venezuela's nationalization of two oil projects in which the claimants had interests known as the Cerro Negro Project and La Ceiba Project (after having increased their applicable royalty rate and income tax) and subsequent disagreements between the parties concerning the amount of compensation owed to the investor.
Interests in two extra-heavy crude oil projects located in the Venezuelan region of the Orinoco Oil Belt, under profit sharing agreements concluded with the Government. Decided in favour of investor Venezuela, Bolivarian Republic of Bahamas

United States of America

Netherlands
Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Guillaume, G. - President

Kaufmann-Kohler, G. - Claimant

El-Kosheri, A. S. - Respondent
14679.00 mln USD 1600.00 mln USD Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on Jurisdiction dated 10 June 2010

Award of the Tribunal dated 9 October 2014
None ICSID annulment proceedings

ICSID resubmission proceedings
Award/decision partially annulled (ICSID annulment proceedings)

Pending (ICSID resubmission proceedings)
Decision on Annulment dated 9 March 2017 (ICSID annulment proceedings) None Berman, F. - President

Abraham, C. W. M. - Member

Knieper, R. - Member
105 2007 RDV v. Guatemala Railroad Development Corporation (RDC) v. Republic of Guatemala (ICSID Case No. ARB/07/23) CAFTA - DR (2004) ICSID ICSID Investment: Rights under an usufruct contract concluded between a State-owned company and a Guatemalan company majority-owned and controlled by the claimant.

Summary: Claims arising out of a "Lesivo Opinion" issued by Guatemala's Attorney General recommending the State to declare void certain usufruct contract concluded with the investor concerning infrastructure and other rail assets to provide railway services in Guatemala.
Rights under an usufruct contract concluded between a State-owned company and a Guatemalan company majority-owned and controlled by the claimant. Decided in favour of investor Guatemala United States of America Tertiary: F - Construction 42 - Civil engineering Rigo Sureda, A. - President

Eizenstat, S. E. - Claimant

Crawford, J. R. - Respondent
64.00 mln USD 11.30 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Objection to Jurisdiction CAFTA Article 10.20.5 dated 17 November 2008

Decision on Clarification Request of the Decision on Jurisdiction dated 13 January 2009

Award dated 29 June 2012
None None None None None None
106 2007 S&T Oil v. Romania S&T Oil Equipment & Machinery Ltd. v. Romania (ICSID Case No. ARB/07/13) Romania - United States of America BIT (1992) ICSID ICSID Investment: Shareholding and contractual rights under an agreement concluded between the claimant and Romania's privatization authority to take over the privatization of Nitramonia S.A., a large ammonia manufacturing and processing plant.

Summary: Claims arising out of contractual disagreements between the parties and the Government's termination of certain privatization agreement concluded with the investor, followed by the cancellation of the company's shareholdings, the taking of its Romanian assets, and the re-privatization of the assets by putting them out to tender.
Shareholding and contractual rights under an agreement concluded between the claimant and Romania's privatization authority to take over the privatization of Nitramonia S.A., a large ammonia manufacturing and processing plant. Discontinued Romania United States of America Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products van Houtte, H. - President

Grigera Naón, H. A. - Claimant

Savage, J. - Claimant (replaced)

Stern, B. - Respondent
140.00 mln EUR (179.40 mln USD) Data not available Indirect expropriation Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 16 July 2010, pursuant to Regulation 14(3)(d) of the ICSID Administrative and Financial Regulations None None None None None None
107 2007 TCW v. Dominican Republic TCW Group, Inc. and Dominican Energy Holdings, L.P. v. The Dominican Republic CAFTA - DR (2004) UNCITRAL PCA Investment: Controlling shareholding and 50% owner of a Dominican joint venture created between the Government and a foreign investor to serve as an electricity distribution company.

Summary: Claims arising out of the Government's alleged wrongful interference with TCW Group's indirect holdings in an electricity joint venture (Empresa Distribuidora de Electricidad del Este, S.A.) by, among other alleged actions and omissions, failing to pay compensation for negotiated tariffs and subsidies.
Controlling shareholding and 50% owner of a Dominican joint venture created between the Government and a foreign investor to serve as an electricity distribution company. Settled Dominican Republic United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Böckstiegel, K.-H. - President

Kantor, M. - Claimant

Fernández-Armesto, J. - Respondent
500.00 mln USD 26.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability Consent Award dated 16 July 2009 None None None None None None
108 2007 Trans-Global v. Jordan Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/07/25) Jordan - United States of America BIT (1997) ICSID ICSID Investment: Rights under a production sharing agreement concluded between a wholly-owned subsidiary of the claimant and Jordan's Natural Resources Authority; capital contributions of over USD 29 million in the petroleum exploration venture.

Summary: Claims arising out of claimant's oil exploratory work which confirmed the existence of oil deposits in the Dead Sea and Wadi Araba basin in a designated area of exploration, followed by the Government's alleged systematic campaign to prevent the investor from pursuing any further role in the development of those oil deposits despite an express contractual entitlement to participate.
Rights under a production sharing agreement concluded between a wholly-owned subsidiary of the claimant and Jordan's Natural Resources Authority; capital contributions of over USD 29 million in the petroleum exploration venture. Settled Jordan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Veeder, V. V. - President

McRae, D. M. - Claimant

Crawford, J. R. - Respondent
673.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures

Other
Not applicable - settled or discontinued before decision on liability Tribunal's Decision on the Respondent's Objection Under Rule 41(5) of the ICSID Arbitration Rules dated 12 May 2008

Consent Award dated 8 April 2009
None None None None None None
109 2007 TS Investment v. Armenia TS Investment Corp v. Republic of Armenia Armenia - United States of America BIT (1992) LCIA LCIA Investment: Ownership of a tire factory in Armenia.

Summary: Claims arising out of the claimant's investment in a privatized tire plant in Yerevan, Armenia, and the alleged improper Government interference with the implementation of claimant's investment program.
Ownership of a tire factory in Armenia. Decided in favour of State Armenia United States of America Secondary: C - Manufacturing 22 - Manufacture of rubber and plastics products Knieper, R. - President

Sheppard, A. - Unknown

Douglas, Z. - Unknown
Data not available Data not available Data not available None - all claims dismissed at the merits stage Award dated August 2011 None None None None None None
110 2006 Chevron and TexPet v. Ecuador (I) Chevron Corporation and Texaco Petroleum Company v. The Republic of Ecuador (I) (PCA Case No. 2007-02/AA277) Ecuador - United States of America BIT (1993) UNCITRAL PCA Investment: Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government.

Summary: Claims arising out of seven breach-of-contract cases filed by Texaco against the Ecuadorian Government in local courts and the alleged egregious delay of all Texaco claims by the Ecuadorian judiciary.
Oil exploration and production rights in Ecuador’s Amazon region through concession contracts concluded with the Government. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Böckstiegel, K.-H. - President

Brower, C. N. - Claimant

van den Berg, A. J. - Respondent
649.00 mln USD 77.70 mln USD 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

Other
Other Interim Award dated 1 December 2008

Partial Award on the Merits dated 30 March 2010

Final Award dated 31 August 2011
None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the District Court of the Hague dated 2 May 2012 (Judicial review by national courts)

DC Court's Rejection of Ecuador's Challenge to the Final Award dated 6 June 2013 (Judicial review by national courts)

Decision of the Dutch Supreme Court to Uphold Award dated 26 September 2014 (Judicial review by national courts)
None None
111 2006 GL Farms v. Canada GL Farms LLC and Carl Adams v. Government of Canada NAFTA (1992) UNCITRAL Data not available Investment: Company engaged in the sale of milk and milk products for export to the United States.

Summary: Claims arising out of the alleged harm to claimants' dairy products business in the territory of Ontario due to milk transportation measures imposed by the Dairy Farmers of Ontario (DFO) and measures taken by Canadian provincial and federal government in furtherance of the DFO measures, including restrictions on the export of milk, and requirement for milk producers in Ontario to obtain a quota authorized under Canada’s supply-management system for dairy products.
Company engaged in the sale of milk and milk products for export to the United States. Discontinued Canada United States of America Secondary: C - Manufacturing

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
10 - Manufacture of food products

46 - Wholesale trade, except of motor vehicles and motorcycles
Tribunal not constituted 78.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Other
Not applicable - settled or discontinued before decision on liability None None None None None None None
112 2006 Lemire v. Ukraine (II) Joseph Charles Lemire v. Ukraine (ICSID Case No. ARB/06/18) Ukraine - United States of America BIT (1994) ICSID ICSID Investment: Indirect majority shareholding in a Ukrainian joint stock company licensed to broadcast on various radio frequencies in Ukraine.

Summary: Claims arising out of the alleged breach of a settlement agreement concluded with the respondent concerning claimant's investment, and regarding the Ukraine regulators' handling of broadcasting licensing and trademark applications.
Indirect majority shareholding in a Ukrainian joint stock company licensed to broadcast on various radio frequencies in Ukraine. Decided in favour of investor Ukraine United States of America Tertiary: J - Information and communication 60 - Programming and broadcasting activities Fernández-Armesto, J. - President

Paulsson, J. - Claimant

Voss, J. - Respondent
46.60 mln USD 8.70 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Award dated 28 March 2011

Decision on Jurisdiction and Liability dated 14 January 2010
Dissenting Opinion of Arbitrator Dr. Jürgen Voss (Award) ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 8 July 2013 (ICSID annulment proceedings) None von Wobeser, C. - President

Kettani, A. - Member

Zuleta, E. - Member
113 2006 Merrill & Ring v. Canada Merrill & Ring Forestry L.P. v. The Government of Canada NAFTA (1992) UNCITRAL ICSID Investment: Forestry and land management company.

Summary: Claims arising out of the implementation of Canada's log export regime to the investor's timber operations in British Columbia and the requirement that any of its exports be subject to a log surplus testing procedure, among other regulatory measures which allegedly caused loss and damage to it.
Forestry and land management company. Decided in favour of State Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Orrego Vicuña, F. - President

Dam, K. W. - Claimant

Rowley, J. W. - Respondent
52.20 mln CAD (51.20 mln USD) Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Performance requirements
None - all claims dismissed at the merits stage Award dated 31 March 2010 None None None None None None
114 2006 Nations Energy v. Panama Nations Energy, Inc. and others v. Republic of Panama (ICSID Case No. ARB/06/19) Panama - United States of America BIT (1982) ICSID ICSID Investment: Shareholding in a Panamanian company engaged in the generation, distribution and trading of electricity and related activities.

Summary: Claims arising out of communications from Panama’s General Revenue Directorate and the Ministry of Economy and Finance that allegedly refused claimants the transfer of certain fiscal tax credits to third parties.
Shareholding in a Panamanian company engaged in the generation, distribution and trading of electricity and related activities. Decided in favour of State Panama United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Mourre, A. - President

Chillón Medina, J. M. - Claimant

von Wobeser, C. - Respondent
62.10 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

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Award dated 24 November 2010 Dissenting Opinion of Mr. José María Chillón Medina (Award) ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Procedural order for the discontinuance of the proceeding issued by the ad hoc Committee dated 15 June 2012, pursuant to Administrative and Financial Regulation 14(3)(d) and (e) (ICSID annulment proceedings) None Alexandrov, S. A. - President

Irarrázabal, J. - Member

Gómez-Pinzón, E. - Member

Mantilla-Serrano, F. - Member (replaced)
115 2006 Occidental v. Ecuador (II) Occidental Petroleum Corporation and Occidental Exploration and Production Company v. Republic of Ecuador (II) (ICSID Case No. ARB/06/11) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Participation contract for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of the termination (caducidad) of a 1999 participation contract between Occidental Exploration and Production Company and PetroEcuador for the exploration and exploitation of hydrocarbons in Block 15 of the Ecuadorian Amazon region.
Participation contract for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Fortier, L. Y. - President

Williams, D. A. R. - Claimant

Stern, B. - Respondent
1000.00 mln USD 1769.00 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Decision on Jurisdiction dated 9 September 2008

Award dated 5 October 2012
Dissenting Opinion of Professor Brigitte Stern (Decision on Jurisdiction)

Dissenting Opinion of Professor Brigitte Stern (Award)
ICSID annulment proceedings Award/decision partially annulled (ICSID annulment proceedings) Decision on Annulment of the Award dated 2 November 2015 (ICSID annulment proceedings) None Fernández-Armesto, J. - President

Feliciano, F. P. - Member

Oreamuno Blanco, R. - Member
116 2006 Rail World v. Estonia Rail World LLC and others v. Republic of Estonia (ICSID Case No. ARB/06/6) Estonia - Netherlands BIT (1992)

Estonia - United States of America BIT (1994)
ICSID ICSID Investment: Rights under an operations contract concluded with the State concerning railway related services.

Summary: Claims arising out of Estonia's renationalisation of its national railway, which allegedly reversed a planned privatisation and modified claimants' rail operations contract.
Rights under an operations contract concluded with the State concerning railway related services. Settled Estonia Netherlands

United States of America
Tertiary: F - Construction 42 - Civil engineering Kaufmann-Kohler, G. - President

Böckstiegel, K.-H. - Claimant

Gaillard, E. - Respondent

Raeside, M. - Respondent (replaced)
440.00 mln USD 200.00 mln USD Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 5 February 2007, pursuant to Arbitration Rule 43(1) None None None None None None
117 2005 AHCA v. Congo African Holding Company of America, Inc. and Société Africaine de Construction au Congo S.A.R.L. v. Democratic Republic of the Congo (ICSID Case No. ARB/05/21) Congo, Democratic Republic of the - United States of America BIT (1984) ICSID ICSID Investment: Outstanding invoices issued by the Government, acquired through assignment from a Congolese incorporated company in which the investor held interests.

Summary: Claims arising out of an outstanding debt owed by the respondent to the company in which the investor acquired interests related to construction projects conducted in the late 1980s and early 1990s under certain contracts.
Outstanding invoices issued by the Government, acquired through assignment from a Congolese incorporated company in which the investor held interests. Decided in favour of State Congo, Democratic Republic of the United States of America Tertiary: F - Construction 42 - Civil engineering Orrego Vicuña, F. - President

El-Kosheri, A. S. - President (replaced)

De Witt Wijnen, O. L. O. - Claimant

Grisay, D. - Respondent

Giovannini, T. - Respondent (replaced)
Data not available Data not available Other None - jurisdiction declined Award on the Objections to Jurisdiction and Admissibility dated 29 July 2008 Dissenting Opinion of M. Otto L.O. de Witt Wijnen None None None None None
118 2005 Asset Recovery v. Argentina Asset Recovery Trust S.A. v. Argentine Republic (ICSID Case No. ARB/05/11) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Rights under a contract concluded between the claimant and the Province of Mendoza for the collection of debts.

Summary: Claims arising out of the adoption of measures by a local government that allegedly wiped out debt and extended payment deadlines under a contract to which the claimant was a party concerning the recovery of debts owned by public banks in the Mendoza province.
Rights under a contract concluded between the claimant and the Province of Mendoza for the collection of debts. Discontinued Argentina United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Irarrázabal, J. - President

Canales Santos, E. - Claimant

Cançado Trindade, A. A. - Respondent
20.00 mln USD Data not available Data not available Not applicable - settled or discontinued before decision on liability Order for the discontinuance of the proceeding for lack of payment of the required advances issued by the tribunal dated 27 November 2012, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) None None None None None None
119 2005 Bayview v. Mexico Bayview Irrigation District and others v. United Mexican States (ICSID Case No. ARB(AF)/05/1) NAFTA (1992) ICSID AF ICSID Investment: Water rights under a 1944 US-Mexico water treaty held by forty six American claimants including seventeen Irrigation Districts, sixteen individuals, two trusts, two limited partnership, two estates, four corporations and three general partnerships.

Summary: Claims arising out of Mexico's alleged capture, seizure and diversion of more irrigation water of the Rio Grande River than that to which the country had right under a bilateral US-Mexico treaty, to the benefit and use of Mexican farmers.
Water rights under a 1944 US-Mexico water treaty held by forty six American claimants including seventeen Irrigation Districts, sixteen individuals, two trusts, two limited partnership, two estates, four corporations and three general partnerships. Decided in favour of State Mexico United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Lowe, V. - President

Meese III, E. - Claimant

Gómez Palacio, I. - Respondent
667.60 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - jurisdiction declined Final Award dated 19 June 2007 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Ontario Superior Court of Justice, Reasons for Judgment (Application for Set-Aside), dated 5 May 2008 (Judicial review by national courts) None None
120 2005 Cargill v. Mexico Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on beverages containing high fructose corn syrup, that allegedly affected the claimants' investments in the high fructose corn syrup industry in Mexico.
Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Pryles, M. C. - President

Caron, D. D. - Claimant

McRae, D. M. - Respondent
123.80 mln USD 77.30 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
Award dated 18 September 2009 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Application to Set Aside an Arbitral Award (Ontario Superior Court of Justice) dated 26 August 2010 (Judicial review by national courts)

Application to set aside award (Court of Appeal) dated 4 October 2011 (Judicial review by national courts)

Dismissal of Application for Leave to Appeal (Supreme Court of Canada) dated 11 May 2012 (Judicial review by national courts)
None None
121 2005 EMELEC v. Ecuador Empresa Electrica del Ecuador, Inc. (EMELEC) v. Republic of Ecuador (ICSID Case No. ARB/05/9) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under a concession agreement for the supply of electricity in the city of Guayaquil concluded between the claimant and an organ of the Ecuadorian Government.

Summary: Claims arising out of the alleged expropriation of the investor's premises, bank accounts, and other property located in Ecuadorian territory through a combined military-police operation, followed by local litigation over contractual outstanding amounts.
Rights under a concession agreement for the supply of electricity in the city of Guayaquil concluded between the claimant and an organ of the Ecuadorian Government. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Sepúlveda Amor, B. - President

Rooney, J. H. - Claimant

Reisman, W. M. - Respondent
326.00 mln USD Data not available Direct expropriation None - jurisdiction declined Award dated 2 June 2009 None None None None None None
122 2005 Noble Energy v. Ecuador Noble Energy Inc. and Machala Power Cía. Ltd. v. Republic of Ecuador and Consejo Nacional de Electricidad (ICSID Case No. ARB/05/12) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership and control of contractual and legal rights through certain concession contract, investment agreement and production sharing contract concerning electricity supply; capital contributions; claims to money and performance having an economic value.

Summary: Claims arising out of a series of decrees, acts and omissions of the respondents through which they allegedly altered the economic, regulatory, legal, and contractual framework upon which the claimants had relied in making their investment in Ecuador, including the modification of the mechanism for the payment of invoices which caused a significant increase in unpaid receivables for electricity supply from a power plant in Ecuador.
Ownership and control of contractual and legal rights through certain concession contract, investment agreement and production sharing contract concerning electricity supply; capital contributions; claims to money and performance having an economic value. Settled Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Álvarez, H. C. - Claimant

Cremades, B. M. - Respondent
370.00 mln USD 70.00 mln USD Indirect expropriation

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
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 5 March 2008

Order taking note of the discontinuance issued by the Tribunal dated 20 May 2009, pursuant to Arbitration Rule 43(1)
None None None None None None
123 2004 ADM v. Mexico Archer Daniels Midland and Tate & Lyle Ingredients Americas, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/5) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on beverages containing high fructose corn syrup, that allegedly affected the claimants' investments in the high fructose corn syrup industry in Mexico.
Ownership of local company engaged in the manufacture and production of certain fructose syrup used as soft drink sweetener. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Cremades, B. M. - President

Rovine, A. W. - Unknown

Siqueiros, E. - Unknown
100.00 mln USD 33.50 mln USD Indirect expropriation

National treatment

Performance requirements
National treatment

Performance requirements
Award dated 21 November 2007 Concurring Opinion of Arthur W. Rovine (Award) None None None None None
124 2004 BP v. Argentina BP America Production Company and others v. Argentine Republic (ICSID Case No. ARB/04/8) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect and direct ownership of equity interests in three local companies engaged in oil and gas production in Argentina, holders of a number of hydrocarbon (oil and gas) production concessions, exploration permits and production contracts.

Summary: Claims arising out of a series of measures taken in the hydrocarbons and electricity sector by the Government to stem the country's economic crisis of 2001-2002 which allegedly affected the claimants' investments, including the exemption of hydrocarbon exports from export dues, the limitation of royalty rates and the right to freely export hydrocarbons and to transfer funds abroad.
Indirect and direct ownership of equity interests in three local companies engaged in oil and gas production in Argentina, holders of a number of hydrocarbon (oil and gas) production concessions, exploration permits and production contracts. Settled Argentina United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Caflisch, L. - President

van den Berg, A. J. - Claimant

Stern, 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

Umbrella clause

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Objections dated 27 July 2006

Order taking note of the discontinuance issued by the Tribunal dated 20 August 2008, pursuant to Arbitration Rule 43(1)
None None None None None None
125 2004 Cargill v. Poland Cargill, Incorporated v. Republic of Poland Poland - United States of America BIT (1990) UNCITRAL None Investment: Ownership and operation of isoglucose sweetener production facilities in Poland.

Summary: Claims arising out of Poland’s imposition of quotas on isoglucose (a wheat-derived sweetener which competes with sugar), which adversely affected Cargill’s investment in isoglucose-processing facilities.
Ownership and operation of isoglucose sweetener production facilities in Poland. Decided in favour of investor Poland United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Kaufmann-Kohler, G. - President

Gaillard, E. - Claimant

Hanotiau, B. - Respondent
150.00 mln USD 16.30 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 4 April 2005, pursuant to Arbitration Rule 49(1) of the Additional Facility Rules

Final Award dated 29 February 2008
None Data not available Data not available Data not available Data not available Data not available
126 2004 CIT Group v. Argentina CIT Group Inc. v. Argentine Republic (ICSID Case No. ARB/04/9) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Portfolio investment held by local subsidiary that had entered into numerous commercial leasing agreements.

Summary: Claims arising out of the alleged negative impacts that the government's mandatory pesification, undertaken by Argentina in its 2001-2002 economic crisis, had upon hundreds of commercial leasing agreements concluded by claimant's subsidiary and third parties, dismantling the foreign exchange financing component of CIT's investment strategy.
Portfolio investment held by local subsidiary that had entered into numerous commercial leasing agreements. Settled Argentina United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Dupuy, P.-M. - President

von Wobeser, C. - Claimant

Tomuschat, C. - Respondent
124.00 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
Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 2 April 2007

Order taking note of the discontinuance of the proceeding issued by the Tribunal dated 12 May 2009, pursuant to ICSID Arbitration Rule 44
None None None None None None
127 2004 COP v. Canada Contractual Obligation Productions, LLC, Charles Robert Underwood & Carl Paolino v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Capital contributions to develop a television program; application for a television subsidy in Canada.

Summary: Claims arising out of Canada's alleged imposition of discriminatory film and television subsidies, as well as employment restrictions on US citizens involved in such productions.
Capital contributions to develop a television program; application for a television subsidy in Canada. Discontinued Canada United States of America Tertiary: J - Information and communication 59 - Motion picture, video and television programme production, sound recording and music publishing activities Tribunal not constituted 20.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
Not applicable - settled or discontinued before decision on liability None None None None None None None
128 2004 Corn Products v. Mexico Corn Products International, Inc. v. United Mexican States (ICSID Case No. ARB(AF)/04/1) NAFTA (1992) ICSID AF ICSID Investment: Wholly-owned subsidiary engaged in the large scale production of high fructose corn syrup industry in Mexico.

Summary: Claims arising out of Mexico's 2002 adoption of a tax on high fructose corn syrup allegedly aimed at protecting Mexico's domestic sugar producers and excluding high fructose corn syrup from the soft drink sweetener market.
Wholly-owned subsidiary engaged in the large scale production of high fructose corn syrup industry in Mexico. Decided in favour of investor Mexico United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Greenwood, C. - President

Lowenfeld, A. F. - Claimant

Serrano de la Vega, J. - Respondent

Tron, M. - Respondent (replaced)
325.00 mln USD 58.00 mln USD Indirect expropriation

National treatment

Performance requirements
National treatment Award dated 18 August 2009

Decision on Responsibility dated 15 January 2008
Separate Opinion of Andreas F. Lowenfeld (Award) None None None None None
129 2004 Duke Energy v. Ecuador Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador (ICSID Case No. ARB/04/19) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership interest in local power generation company.

Summary: Claims arising out of alleged breaches of several agreements entered into between the parties for electrical power generation and supply to the city of Guayaquil in Ecuador.
Ownership interest in local power generation company. Decided in favour of investor Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Kaufmann-Kohler, G. - President

Gómez-Pinzón, E. - Claimant

van den Berg, A. J. - Respondent
25.00 mln USD 5.60 mln USD Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures

Other
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Award dated 18 August 2008 None None None None None None
130 2004 Mobil v. Argentina Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Rights under gas production concessions in Argentina.

Summary: Claims arising out of measures taken by Argentina in response to its 2001-2002 economic crisis that allegedly affected the claimants' investment.
Rights under gas production concessions in Argentina. Decided in favour of investor Argentina United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Moller, G. - President

Bernardini, P. - Claimant

Remiro Brotóns, A. - Respondent
513.50 mln USD 196.20 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

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Decision on Jurisdiction and Liability dated 10 April 2013

Award dated 25 February 2016
Separate Opinion of Antonio Remiro Brotóns (Decision on Jurisdiction and Liability)

Dissenting Opinion of Antonio Remiro Brotóns
ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 8 May 2019 (ICSID annulment proceedings) None Hascher, D. - President

Mourre, A. - Member

van Houtte, H. - Member
131 2004 Motorola v. Turkey Motorola Credit Corporation, Inc. v. Republic of Turkey (ICSID Case No. ARB/04/21) Turkey - United States of America BIT (1985) ICSID ICSID Investment: Direct creditor of loans totalling over USD 2 billion to local company engaged in providing cellular telecommunications network.

Summary: Claims arising out of the Government’s take-over of the telecommunications firm Telsim in which the claimant had invested, and the enactment of legislation ordering the firm's sale and placing Turkey's own financial claims against the telecoms firm ahead of those of the claimant.
Direct creditor of loans totalling over USD 2 billion to local company engaged in providing cellular telecommunications network. Settled Turkey United States of America Tertiary: J - Information and communication 61 - Telecommunications Álvarez, H. C. - President

Paulsson, J. - Claimant

Mayer, P. - Respondent
2000.00 mln USD 500.00 mln USD Direct expropriation Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 21 November 2005, pursuant to Arbitration Rule 43(1) None None None None None None
132 2004 RGA v. Argentina RGA Reinsurance Company v. Argentine Republic (ICSID Case No. ARB/04/20) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Data not available

Summary: Claims arising out of a series of measures taken by the Government to stem the country's economic crisis of 2001-2002 which allegedly affected the claimants' investments in the retirement and pension administration market in Argentina.
Data not available Settled Argentina United States of America Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Nariman, F. S. - President

Bernardini, P. - Claimant

Abi-Saab, G. - 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 issued by the Tribunal dated 14 September 2006, pursuant to Arbitration Rule 43(1) None None None None None None
133 2004 Western NIS v. Ukraine Western NIS Enterprise Fund v. Ukraine (ICSID Case No. ARB/04/2) Ukraine - United States of America BIT (1994) ICSID ICSID Investment: Direct creditor of a commercial award rendered against the investor's Ukrainian partner in a joint venture to produce sunflower oil.

Summary: Claims arising out of the alleged refusal of Ukrainian courts to enforce an American Arbitration Association commercial award in favour of the claimant.
Direct creditor of a commercial award rendered against the investor's Ukrainian partner in a joint venture to produce sunflower oil. Settled Ukraine United States of America Secondary: C - Manufacturing 10 - Manufacture of food products Oreamuno Blanco, R. - President

Pryles, M. C. - Claimant

Paulsson, J. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 16 March 2006, pursuant to Arbitration Rule 43(1) None None None None None None
134 2003 Azurix v. Argentina (II) Azurix Corp. v. Argentine Republic (II) (ICSID Case No. ARB/03/30) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect controlling interest in local subsidiary company holder of a concession agreement for water distribution and sewerage treatment services.

Summary: Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment, as well as other alleged breaches of obligations under the relevant concession agreement.
Indirect controlling interest in local subsidiary company holder of a concession agreement for water distribution and sewerage treatment services. Discontinued Argentina United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities

Tertiary: E - Water supply; sewerage, waste management and remediation activities
36 - Water collection, treatment and supply

37 - Sewerage
Moller, G. - President

Hanotiau, B. - Claimant

McRae, D. M. - Respondent

Cançado Trindade, A. A. - Respondent (replaced)
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
Not applicable - settled or discontinued before decision on liability Order for the discontinuance of the proceeding issued by the Tribunal dated 18 June 2012, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) None None None None None None
135 2003 Continental Casualty v. Argentina Continental Casualty Company v. Argentine Republic (ICSID Case No. ARB/03/9) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Ownership of insurance company incorporated in Argentina maintaining a portfolio of investment securities.

Summary: Claims arising out of a series of decrees and resolutions taken by Argentina in the course of an economic crisis (including restrictions on transfers, rescheduling of cash deposits and pesification of US dollar deposits) that allegedly affected the claimant's investment and frustrated the investor's ability to hedge against the risk of the devaluation of the pesos.
Ownership of insurance company incorporated in Argentina maintaining a portfolio of investment securities. Decided in favour of investor Argentina United States of America Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Sacerdoti, G. - President

Veeder, V. V. - Claimant

Lauterpacht, E. - Claimant (replaced)

Nader, M. - Respondent
114.00 mln USD 2.80 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Transfer of funds
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction dated 22 February 2006

Award dated 5 September 2008
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Argentina’s Application for a Stay of Enforcement of the Award dated 23 October 2009 (ICSID annulment proceedings)

Decision on the Claimant’s Preliminary Objection to Argentina’s Application for Annulment dated 23 October 2009 (ICSID annulment proceedings)

Decision on the Application for Partial Annulment, and the Application for Partial Annulment dated 16 September 2011 (ICSID annulment proceedings)
None Griffith, G. - President

Ajibola, B. - Member

Söderlund, C. - Member
136 2003 El Paso v. Argentina El Paso Energy International Company v. Argentine Republic (ICSID Case No. ARB/03/15) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect and non-controlling shareholding in four Argentine companies involved in the electricity and hydrocarbons industries.

Summary: Claims arising out of a series of decrees and resolutions taken by Argentina in the course of an economic crisis (including restrictions on transfers, rescheduling of cash deposits and pesification of US dollar deposits) that allegedly affected the claimant's investment and frustrated the investor's ability to hedge against the risk of the devaluation of the pesos.
Indirect and non-controlling shareholding in four Argentine companies involved in the electricity and hydrocarbons industries. Decided in favour of investor Argentina United States of America Primary: B - Mining and quarrying

Tertiary: D - Electricity, gas, steam and air conditioning supply
6 - Extraction of crude petroleum and natural gas

35 - Electricity, gas, steam and air conditioning supply
Caflisch, L. - President

Bernardini, P. - Claimant

Stern, B. - Respondent
228.20 mln USD 43.00 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

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction dated 27 April 2006

Award dated 31 October 2011
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision of the Ad Hoc Committee on the Application for Annulment of the Argentine Republic dated 22 September 2014 (ICSID annulment proceedings) None Oreamuno Blanco, R. - President

Cheng, T. - Member

Knieper, R. - Member
137 2003 MCI v. Ecuador M.C.I. Power Group, L.C. and New Turbine, Inc. v. Republic of Ecuador (ICSID Case No. ARB/03/6) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Ownership of a company that was party to a contract for the sale of electricity with Ecuador’s Electricity Institute.

Summary: Claims arising out of a series of differences between the investor and Ecuador’s Electricity Institute regarding the execution of a contract concerning an electric power generation project, including the suspension of operations alleging the non-payment of invoices, and the subsequent termination of the contract.
Ownership of a company that was party to a contract for the sale of electricity with Ecuador’s Electricity Institute. Decided in favour of State Ecuador United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Vinuesa, R. E. - President

Greenberg, B. J. - Claimant

Irarrázabal, J. - 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

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Award dated 31 July 2007 None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on Annulment dated 19 October 2009 (ICSID annulment proceedings) None Hascher, D. - President

Danelius, H. - Member

Tomka, P. - Member
138 2003 Miminco v. Congo Miminco LLC and others v. Democratic Republic of the Congo (ICSID Case No. ARB/03/14) Congo, Democratic Republic of the - United States of America BIT (1984) ICSID ICSID Investment: Ownership of local company holding diamond mining concessions.

Summary: Claims arising out of the seizure of MIMINCO's diamond mine located in Diboko, confiscating all diamonds, communications equipment and administrative documents at the mine, followed by the seizure of its headquarters by the DRC Office of Illegally Acquired Properties.
Ownership of local company holding diamond mining concessions. Settled Congo, Democratic Republic of the United States of America Primary: B - Mining and quarrying 7 - Mining of metal ores El-Kosheri, A. S. - President

Lalonde, M. - Claimant

Kessedjian, C. - Respondent
Data not available 13.00 mln USD Data not available Not applicable - settled or discontinued before decision on liability Award embodying the parties' settlement agreement dated 19 November 2007 None None None None None None
139 2003 Pan American v. Argentina Pan American Energy LLC and BP Argentina Exploration Company v. Argentine Republic (ICSID Case No. ARB/03/13) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect and direct ownership of equity interests in three local companies engaged in oil and gas production in Argentina, holders of a number of hydrocarbon (oil and gas) production concessions, exploration permits and production contracts.

Summary: Claims arising out of a series of measures taken in the hydrocarbons and electricity sector by the Government to stem the country's economic crisis of 2001-2002 which allegedly affected the claimants' investments, including the exemption of hydrocarbon exports from export dues, the limitation of royalty rates and the right to freely export hydrocarbons and to transfer funds abroad.
Indirect and direct ownership of equity interests in three local companies engaged in oil and gas production in Argentina, holders of a number of hydrocarbon (oil and gas) production concessions, exploration permits and production contracts. Settled Argentina United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Caflisch, L. - President

van den Berg, A. J. - Claimant

Stern, 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

Umbrella clause

Transfer of funds

Arbitrary, unreasonable and/or discriminatory measures
Not applicable - settled or discontinued before decision on liability Decision on Preliminary Objections dated 27 July 2006

Order taking note of the discontinuance issued by the Tribunal dated 20 August 2008, pursuant to Arbitration Rule 43(1)
None None None None None None
140 2003 Pioneer v. Argentina Pioneer Natural Resources Company, Pioneer Natural Resources (Argentina) S.A. and Pioneer Natural Resources (Tierra del Fuego) S.A. v. Argentine Republic (ICSID Case No. ARB/03/12) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Shareholding in local companies holding hydrocarbon and electricity concessions.

Summary: Claims arising out of a series of decrees and resolutions taken by Argentina in the course of an economic crisis (including restrictions on transfers, rescheduling of cash deposits and pesification of US dollar deposits) that allegedly affected the claimant's investment and frustrated the investor's ability to hedge against the risk of the devaluation of the pesos.
Shareholding in local companies holding hydrocarbon and electricity concessions. Settled Argentina United States of America Primary: B - Mining and quarrying

Tertiary: D - Electricity, gas, steam and air conditioning supply
6 - Extraction of crude petroleum and natural gas

35 - Electricity, gas, steam and air conditioning supply
Caflisch, L. - President

Bernardini, P. - Claimant

Stern, B. - Respondent
650.00 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
Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Tribunal dated 23 June 2005, pursuant to Arbitration Rule 43(1) None None None None None None
141 2003 Unisys v. Argentina Unisys Corporation v. Argentine Republic (ICSID Case No. ARB/03/27) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect controlling interest in local company engaged in providing IT services to the Argentine judiciary.

Summary: Claims arising out of alleged breaches of a contract for an information‑storage and management project entered into between claimant's local subsidiary and the Argentinean Consejo de la Magistratura, an administrative body that at the time of the measures was in charge of the administration of the Argentine judiciary's assets and contracts.
Indirect controlling interest in local company engaged in providing IT services to the Argentine judiciary. Pending Argentina United States of America Tertiary: M - Professional, scientific and technical activities 74 - Other professional, scientific and technical activities Fernández-Armesto, J. - President

Bernardini, P. - Claimant

Chabaneix, J. P. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
142 2002 AES v. Argentina AES Corporation v. Argentine Republic (ICSID Case No. ARB/02/17) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Controlling interest in several electricity generation and electricity distribution companies in Argentina.

Summary: Claims arising out of Argentina's alleged refusal to apply previously agreed tariff calculation and adjustment mechanisms with regard to claimant's investments.
Controlling interest in several electricity generation and electricity distribution companies in Argentina. Pending Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Dupuy, P.-M. - President (replaced)

Böckstiegel, K.-H. - Claimant (replaced)

Bello Janeiro, D. - Respondent

Ramírez Hernández, R. - President

Drymer, S. L. - Claimant
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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Pending Decision on Jurisdiction dated 26 April 2005 None None None None None None
143 2002 Ahmonseto v. Egypt Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. ARB/02/15) Egypt - United States of America BIT (1986) ICSID ICSID Investment: Majority shareholding in three textile Egyptian companies.

Summary: Claims arising out of the modification by a bank allegedly controlled by Egypt of its credit policy towards the claimants, certain customs duties and taxes assessed against the claimants, and four separate criminal proceedings initiated against them.
Majority shareholding in three textile Egyptian companies. Decided in favour of State Egypt United States of America Secondary: C - Manufacturing 13 - Manufacture of textiles Tercier, P. - President

Fadlallah, I. - Claimant

Viandier, A. - Respondent
100.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 18 June 2007 None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order for the discontinuance of the proceeding issued by the ad hoc Committee dated 13 October 2010, pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e) (ICSID annulment proceedings) None Bernardini, P. - President

Kettani, A. - Member

Tomka, P. - Member
144 2002 Champion Trading and Ameritrade v. Egypt Champion Trading Company and Ameritrade International, Inc. v. Arab Republic of Egypt (ICSID Case No. ARB/02/9) Egypt - United States of America BIT (1986) ICSID ICSID Investment: Shareholding in a cotton trading and processing company.

Summary: Claims arising out of the enactment of Egyptian laws in the mid-1990s privatizing and liberalizing cotton trade.
Shareholding in a cotton trading and processing company. Decided in favour of State Egypt United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Briner, R. - President

Fortier, L. Y. - Claimant

Aynès, L. - Respondent
365.00 mln USD Data not available 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
None - all claims dismissed at the merits stage Decision on Jurisdiction dated 21 October 2003

Award dated 27 October 2006
None None None None None None
145 2002 Chemtura v. Canada Crompton (Chemtura) Corp. v. Government of Canada NAFTA (1992) UNCITRAL PCA Investment: Agricultural pesticide manufacturing company.

Summary: Claims arising out of Canada’s Pest Management Regulatory Agency (PMRA) banning of the agro-chemical lindane on the basis of the chemical’s health and environmental effects.
Agricultural pesticide manufacturing company. Decided in favour of State Canada United States of America Secondary: C - Manufacturing 20 - Manufacture of chemicals and chemical products Kaufmann-Kohler, G. - President

Crawford, J. R. - Unknown

Brower, C. N. - Unknown
100.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment
None - all claims dismissed at the merits stage Award dated 2 August 2010 None None None None None None
146 2002 Fireman's Fund v. Mexico Fireman's Fund Insurance Company v. The United Mexican States (ICSID Case No. ARB(AF)/02/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of dollar-nominated debentures by insurance company.

Summary: Claims arising out of the alleged government's facilitation of purchase of debentures denominated in Mexican pesos and owned by Mexican investors, but not facilitating the purchase of debentures denominated in U.S. dollars and owned by Fireman's Fund.
Ownership of dollar-nominated debentures by insurance company. Decided in favour of State Mexico United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding van den Berg, A. J. - President

Lowenfeld, A. F. - Claimant

Saavedra Olavarrieta, A. G. - Respondent

Carrillo Gamboa, F. - Respondent (replaced)
50.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Decision on the Preliminary Question dated 17 July 2003

Award dated 17 July 2006
None None None None None None
147 2002 Frank v. Mexico Robert J. Frank v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Ownership of beachfront property in Mexico.

Summary: Claims arising out of the alleged expropriation of a beachfront property belonging to the investor in Mexico's Baja California area.
Ownership of beachfront property in Mexico. Discontinued Mexico United States of America Tertiary: L - Real estate activities 68 - Real estate activities Tribunal not constituted 1.50 mln USD Data not available Direct expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment
Not applicable - settled or discontinued before decision on liability None None None None None None None
148 2002 GAMI v. Mexico GAMI Investments, Inc. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Minority shareholding in a Mexican holding company, owner of five sugar mills.

Summary: Claims arising out of the issuance of a decree for the stated purpose of revitalizing the Mexican sugar industry under which Mexican authorities expropriated sugar mills owned by its local subsidiaries.
Minority shareholding in a Mexican holding company, owner of five sugar mills. Decided in favour of State Mexico United States of America Primary: A - Agriculture, forestry and fishing 1 - Crop and animal production, hunting and related service activities Paulsson, J. - President

Reisman, W. M. - Claimant

Lacarte Muro, J. - Respondent
27.80 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

National treatment

Arbitrary, unreasonable and/or discriminatory measures
None - all claims dismissed at the merits stage Final Award dated 15 November 2004 None None None None None None
149 2002 IBM v. Ecuador IBM World Trade Corp. v. Republic of Ecuador (ICSID Case No. ARB/02/10) Ecuador - United States of America BIT (1993) ICSID ICSID Investment: Rights under an informatics services concession contract.

Summary: Claims arising out of the alleged lack of payment of monies to the investor's wholly-owned subsidiary under a concession contract entered into with the Ecuadorian Ministry of Finances and Public Credit.
Rights under an informatics services concession contract. Settled Ecuador United States of America Tertiary: J - Information and communication 63 - Information service activities Jijón Letort, R. - President

Ponce Martínez, A. - Unknown

Roldós Aguilera, L. - Unknown
4.70 mln USD 3.50 mln USD Unclear Not applicable - settled or discontinued before decision on liability Decision on Jurisdiction dated 22 December 2003

Award embodying the parties' settlement agreement dated 22 July 2004
Dissenting Vote of Mr. León Roldós Aguilera (Decision on Jurisdiction) None None None None None
150 2002 LG&E v. Argentina LG&E Energy Corp., LG&E Capital Corp. and LG&E International Inc. v. Argentine Republic (ICSID Case No. ARB/02/1) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Rights under license agreements for gas distribution entered into with the Government through three local subsidiaries.

Summary: Claims arising out of certain measures adopted by Argentina, in particular the adoption of the Emergency Law of 2002, which modified the regulatory environment under which the claimants invested in three natural gas distribution enterprises in Argentina.
Rights under license agreements for gas distribution entered into with the Government through three local subsidiaries. Decided in favour of investor Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bogdanowsky de Maekelt, T. - President

van den Berg, A. J. - Claimant

Rezek, F. - Respondent
268.00 mln USD 57.40 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Decision of the Arbitral Tribunal on Objections to Jurisdiction dated 30 April 2004

Decision on Liability dated 3 October 2006

Award dated 25 July 2007
None ICSID annulment proceedings Discontinued (ICSID annulment proceedings) Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 issued by The Secretary-General dated 20 February 2015 (ICSID annulment proceedings) None None
151 2002 Occidental v. Ecuador (I) Occidental Exploration and Production Company v. Republic of Ecuador (I) (LCIA Case No. UN3467) Ecuador - United States of America BIT (1993) UNCITRAL LCIA Investment: Rights under a participation contract for the exploration and exploitation of hydrocarbons.

Summary: Claims arising out of resolutions issued by the Ecuadorian tax authority denying applications for VAT refunds by Occidental, and requiring the return of the amounts previously reimbursed in connection with a participation contract entered into by the claimant with Petroecuador, a State-owned corporation of Ecuador, to undertake oil exploration and production in Ecuador.
Rights under a participation contract for the exploration and exploitation of hydrocarbons. Decided in favour of investor Ecuador United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Orrego Vicuña, F. - President

Brower, C. N. - Claimant

Barrera Sweeney, P. - Respondent
201.50 mln USD 71.50 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Arbitrary, unreasonable and/or discriminatory measures
Award dated 1 July 2004 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Challenge to Arbitral Award, [2006] EWHC 345 (Comm), dated 2 March 2006 (Judicial review by national courts)

Challenge to Arbitral Award (Appeal Court), [2007] EWCA Civ 656 dated 4 July 2007 (Judicial review by national courts)
None None
152 2002 PSEG v. Turkey PSEG Global Inc. and Konya Ilgin Elektrik Üretim ve Ticaret Limited Sirketi v. Republic of Turkey (ICSID Case No. ARB/02/5) Turkey - United States of America BIT (1985) ICSID ICSID Investment: Rights under a concession agreement for the construction of a thermal power plant; assets of project company, including associated intangible property, licenses and permits.

Summary: Claims arising out of several disagreements concerning a concession contract entered into with the government for the construction of an agnite-fired thermal power plant, as well as subsequent measures adopted by the respondent such as preventing the claimant from obtaining certain necessary treasury guarantee for the project.
Rights under a concession agreement for the construction of a thermal power plant; assets of project company, including associated intangible property, licenses and permits. Decided in favour of investor Turkey United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Orrego Vicuña, F. - President

Fortier, L. Y. - Claimant

Kaufmann-Kohler, G. - Respondent
224.00 mln USD 9.00 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

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Decision on Jurisdiction dated 4 June 2004

Award dated 19 January 2007
None None None None None None
153 2002 Sempra v. Argentina Sempra Energy International v. Argentine Republic (ICSID Case No. ARB/02/16) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Equity interest in two Argentinean gas distribution companies.

Summary: Claims arising out of Argentina's suspension of the licensee companies' tariff increases based on the US producer price index and the subsequent pesification of these tariffs.
Equity interest in two Argentinean gas distribution companies. Decided in favour of investor Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Orrego Vicuña, F. - President

Lalonde, M. - Claimant

Morelli Rico, S. - Respondent
209.00 mln USD 128.00 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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Award dated 28 September 2007

Decision on Objections to Jurisdiction dated 11 May 2005
Partial Dissenting Opinion of Mr. Marc Lalonde (Award) ICSID annulment proceedings

ICSID resubmission proceedings
Award/decision annulled in its entirety (ICSID annulment proceedings)

Discontinued for unknown reasons (ICSID resubmission proceedings)
Decision on the Argentine Republic’s Application for Annulment of the Award dated 29 June 2010 (ICSID annulment proceedings)

Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44 dated 3 April 2015 (ICSID resubmission proceedings)
None Söderlund, C. - President

Edward, D. A. O. - Member

Jacovides, A. J. - Member
154 2001 Adams v. Mexico Billy Joe Adams, Juan Alarcon, Roberto Alonzo et al. v. United Mexican States NAFTA (1992) UNCITRAL None Investment: Acquisition of residential housing and associated infrastructure improvements.

Summary: Claims arising out of the enforcement of a judicial decision ordering the return of certain land to its original owners, thus requiring the eviction of residents of a tourist/residential development built upon such land, many of whom were Americans.
Acquisition of residential housing and associated infrastructure improvements. Discontinued Mexico United States of America Tertiary: L - Real estate activities 68 - Real estate activities Tribunal not constituted 75.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
155 2001 AIG v. Kazakhstan AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan (ICSID Case No. ARB/01/6) Kazakhstan - United States of America BIT (1992) ICSID ICSID Investment: Ownership and/or direct control of an investment vehicle company, a financing company and a joint venture established to invest in certain real estate project.

Summary: Claims arising out of the cancellation of a project for the development of a residential housing complex, and the subsequent transfer of the project's property to the City of Almaty without compensation, on the basis that the land concerned was required for a national arboretum.
Ownership and/or direct control of an investment vehicle company, a financing company and a joint venture established to invest in certain real estate project. Decided in favour of investor Kazakhstan United States of America Tertiary: L - Real estate activities 68 - Real estate activities Nariman, F. S. - President

Bernardini, P. - Claimant

Vukmir, B. - Respondent
13.50 mln USD 6.00 mln USD 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
Indirect expropriation Final Award dated 7 October 2003 None None None None None None
156 2001 Azurix v. Argentina (I) Azurix Corp. v. The Argentine Republic (I) (ICSID Case No. ARB/01/12) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Indirect controlling interest in local subsidiary that had a concession agreement for water distribution and sewerage treatment services.

Summary: Claims arising out of Argentina's alleged interference with the tariff regime applicable to claimant's investment, as well as other alleged breaches of obligations under a water concession agreement.
Indirect controlling interest in local subsidiary that had a concession agreement for water distribution and sewerage treatment services. Decided in favour of investor Argentina United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities

Tertiary: E - Water supply; sewerage, waste management and remediation activities
36 - Water collection, treatment and supply

37 - Sewerage
Rigo Sureda, A. - President

Lalonde, M. - Claimant

Martins, D. H. - Respondent
685.00 mln USD 165.20 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

Arbitrary, unreasonable and/or discriminatory measures
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
Decision on Jurisdiction dated 8 December 2003

Award issued on 14 July 2006 dated 14 July 2006
None ICSID annulment proceedings Award/decision upheld (ICSID annulment proceedings) Decision on the Application for Annulment of the Argentine Republic dated 1 September 2009 (ICSID annulment proceedings) None Griffith, G. - President

Ajibola, B. - Member

Hwang, M. - Member
157 2001 CCL Oil v. Kazakhstan CCL Oil v. Republic of Kazakhstan (SCC Case No. 122/2001) Kazakhstan - United States of America BIT (1992) SCC SCC Investment: Concession agreement for use and management of certain State's shareholding.

Summary: Claims arising out of the termination of a concession agreement for use and management of the State's shareholding in an oil refinery.
Concession agreement for use and management of certain State's shareholding. Decided in favour of State Kazakhstan United States of America Tertiary: K - Financial and insurance activities 66 - Activities auxiliary to financial service and insurance activities Carter, J. H. - Unknown

Söderlund, C. - Unknown

Name not available - President
179.00 mln EUR (224.90 mln USD) Data not available Indirect expropriation None - all claims dismissed at the merits stage Jurisdictional Award dated 2003

Final Award dated 2004

Supplemental Award and Interpretation dated 2004
None None None None None None
158 2001 CMS v. Argentina CMS Gas Transmission Company v. The Argentine Republic (ICSID Case No. ARB/01/8) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Shareholding in local subsidiary involved in gas transportation activities.

Summary: Claims arising out of Argentina's suspension/termination of the claimant right to calculate tariffs in US dollars and to make inflation adjustments.
Shareholding in local subsidiary involved in gas transportation activities. Decided in favour of investor Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Orrego Vicuña, F. - President

Lalonde, M. - Claimant

Rezek, F. - Respondent
261.10 mln USD 133.20 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Decision on Jurisdiction dated 17 July 2003

Award dated 12 May 2005
None ICSID annulment proceedings

Judicial review by national courts
Award/decision partially annulled (ICSID annulment proceedings)

Award/decision upheld (Judicial review by national courts)
Decision of the Ad hoc Committee on Argentina's application for annulment dated 25 September 2007 (ICSID annulment proceedings)

Memorandum Opinion & Order, United States District Court Southern District New York dated 30 September 2012 (Judicial review by national courts)

Enforcement Decision by the US Court of Appeals dated 19 August 2013 (Judicial review by national courts)
None Guillaume, G. - President

Elaraby, N. - Member

Crawford, J. R. - Member
159 2001 Enron v. Argentina Enron Creditors Recovery Corporation (formerly Enron Corporation) and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Equity and capital contributions in a gas transportation company; contractual rights under technical assistance agreement and operation license.

Summary: Claims arising out of certain tax assessments allegedly imposed by Argentinean provinces in respect to a gas transportation company in which the claimants participated through investments in various corporate arrangements, as well as the Government's alleged refusal to allow tariff adjustments in accordance with the US Producer Price Index.
Equity and capital contributions in a gas transportation company; contractual rights under technical assistance agreement and operation license. Decided in favour of investor Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Orrego Vicuña, F. - President

Tschanz, P.-Y. - Claimant

van den Berg, A. J. - Respondent

Gros Espiell, H. - Respondent (replaced)
582.00 mln USD 106.20 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

Umbrella clause

Arbitrary, unreasonable and/or discriminatory measures
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Decision on Jurisdiction dated 14 January 2004

Decision on Jurisdiction on ancillary claim dated 2 August 2004

Award dated 22 May 2007
None ICSID annulment proceedings

ICSID resubmission proceedings
Award/decision partially annulled (ICSID annulment proceedings)

Settled (ICSID resubmission proceedings)
Decision on the Application for Annulment of the Argentine Republic dated 30 July 2010 (ICSID annulment proceedings)

Order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 43(1) dated 19 July 2018 (ICSID resubmission proceedings)
None Griffith, G. - President

Robinson, P. L. - Member

Tresselt, P. - Member
160 2001 F-W Oil v. Trinidad & Tobago F-W Oil Interests, Inc. v. Republic of Trinidad & Tobago (ICSID Case No. ARB/01/14) Trinidad and Tobago - United States of America BIT (1994) ICSID ICSID Investment: Contractual rights under an oil and gas development agreement; cash contributions; tangible and intellectual property.

Summary: Claims arising out of claimants' alleged investment in the Soldado Fields, the site of an offshore oil and gas development and production project in Trinidad and Tobago, after the government sought to recommence resource production by soliciting the participation of foreign investors in the region.
Contractual rights under an oil and gas development agreement; cash contributions; tangible and intellectual property. Decided in favour of State Trinidad and Tobago United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Nariman, F. S. - President

Berman, F. - Claimant

Mustill, M. - Respondent
Data not available Data not available Unclear None - jurisdiction declined Award dated 3 March 2006 None None None None None None
161 2001 Noble Ventures v. Romania Noble Ventures, Inc. v. Romania (ICSID Case No. ARB/01/11) Romania - United States of America BIT (1992) ICSID ICSID Investment: Share purchase agreement entered into with the Romanian State Ownership Fund.

Summary: Claims arising out of a privatization agreement concerning the acquisition, management, operation and disposition of a substantial steel mill with associated and other assets located in Romania.
Share purchase agreement entered into with the Romanian State Ownership Fund. Decided in favour of State Romania United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Böckstiegel, K.-H. - President

Lever, J. - Claimant

Dupuy, P.-M. - Respondent

Porcasi, V. - Respondent (replaced)
143.50 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
None - all claims dismissed at the merits stage Award dated 12 October 2005 None None None None None None
162 2000 Generation Ukraine v. Ukraine Generation Ukraine v. Ukraine (ICSID Case No. ARB/00/9) Ukraine - United States of America BIT (1994) ICSID ICSID Investment: Ownership of local investment company engaged in carrying out a construction project of an office building.

Summary: Claims arising out of the alleged obstruction and interference by local authorities with the realization of the investor's construction project.
Ownership of local investment company engaged in carrying out a construction project of an office building. Decided in favour of State Ukraine United States of America Tertiary: F - Construction 41 - Construction of buildings Paulsson, J. - President

Shihata, I. - President (replaced)

Salpius, E. - Claimant

Voss, J. - Respondent
9446.00 mln USD Data not available Indirect expropriation None - all claims dismissed at the merits stage Award dated 16 September 2003 None None None None None None
163 2000 Mihaly v. Sri Lanka Mihaly International Corporation v. Democratic Socialist Republic of Sri Lanka (ICSID Case No. ARB/00/2) Sri Lanka - United States of America BIT (1991) ICSID ICSID Investment: Expenditures of money upon the execution of certain letter of intent entered into with the government in preparation for an investment project.

Summary: Claims arising out of the unsuccessful conclusion of a contract between the Republic of Sri Lanka and the investor for the building, ownership and operation of a power generation facility.
Expenditures of money upon the execution of certain letter of intent entered into with the government in preparation for an investment project. Decided in favour of State Sri Lanka United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Sucharitkul, S. - President

Suratgar, D. - Claimant

Rogers, A. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
None - jurisdiction declined Award dated 15 March 2002 Individual Concurring Opinion by Mr. David Suratgar (Award) None None None None None
164 2000 UPS v. Canada United Parcel Service of America, Inc. (UPS) v. Government of Canada NAFTA (1992) UNCITRAL ICSID Investment: Parcel delivery service provider company.

Summary: Claims arising out of allegedly anti-competitive practices of Canada and Canada Post Corporation in the non-monopoly postal services market.
Parcel delivery service provider company. Decided in favour of State Canada United States of America Tertiary: H - Transportation and storage 53 - Postal and courier activities Keith, K. - President

Cass, R. A. - Unknown

Fortier, L. Y. - Unknown
160.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Award on the Merits dated 24 May 2007

Award on Jurisdiction dated 22 November 2002
Separate Statement of Dean Ronald A. Cass (Award on the Merits) None None None None None
165 2000 Waste Management v. Mexico (II) Waste Management v. United Mexican States (II) (ICSID Case No. ARB(AF)/00/3) NAFTA (1992) ICSID AF ICSID Investment: Waste management concession agreement.

Summary: Claims arising out of the alleged breach of a 15-year concession granted by the State of Guerrero and the municipality of Acapulco to the claimant for public waste management services.
Waste management concession agreement. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Crawford, J. R. - President

Civiletti, B. R. - Claimant

Magallón Gómez, E. - Respondent

Aguilar Álvarez, G. - Respondent (replaced)
36.60 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 Mexico’s Preliminary Objection concerning the Previous Proceedings, Decision of the Tribunal dated 26 June 2002

Award dated 30 April 2004
None None None None None None
166 1999 Feldman v. Mexico Marvin Roy Feldman Karpa v. United Mexican States (ICSID Case No. ARB(AF)/99/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of local company engaged in the export of tobacco products from Mexico.

Summary: Claims arising out of Mexico's application of certain tax laws to the export of tobacco products which allegedly denied claimant's local company, an exporter of cigarettes from Mexico, the benefits of a law that allowed certain tax refunds to exporters.
Ownership of local company engaged in the export of tobacco products from Mexico. Decided in favour of investor Mexico United States of America Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 46 - Wholesale trade, except of motor vehicles and motorcycles Kerameus, K. D. - President

Gantz, D. A. - Claimant

Covarrubias Bravo, J. - Respondent
303.80 mln MXN (30.30 mln USD) 9.40 mln MXN (0.74 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Indirect expropriation

National treatment
Award of the Tribunal dated 16 December 2002

Interim Decision on Preliminary Jurisdictional Issues dated 6 December 2000
Dissenting Opinion of Mr. Jorge Covarrubias Bravo (Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) The United Mexican States v. Marvon Roy Feldman Karpa, Ontario Superior Court of Justice, Decision on the Application to Set Aside Award dated 3 December 2003 (Judicial review by national courts)

The United Mexican States v. Marvon Roy Feldman Karpa, Court of Appeal for Ontario, Appeal Court Decision on the Application to Set Aside Award dated 11 January 2005 (Judicial review by national courts)
None None
167 1999 Genin v. Estonia Alex Genin, Eastern Credit Limited, Inc. and A.S. Baltoil v. The Republic of Estonia (ICSID Case No. ARB/99/2) Estonia - United States of America BIT (1994) ICSID ICSID Investment: Shareholding in local financial institution.

Summary: Claims arising out of the cancellation by the Central Bank of Estonia of an operating license held by a financial institution incorporated in Estonia in which the claimants were shareholders.
Shareholding in local financial institution. Decided in favour of State Estonia United States of America Tertiary: K - Financial and insurance activities 64 - Financial service activities, except insurance and pension funding Fortier, L. Y. - President

Heth, M. - Claimant

van den Berg, A. J. - Respondent
1.60 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
None - all claims dismissed at the merits stage Award dated 25 June 2001 None None None None None None
168 1999 Lauder v. Czech Republic Ronald S. Lauder v. Czech Republic Czech Republic - United States of America BIT (1991) UNCITRAL None Investment: Shareholding in local broadcasting enterprise.

Summary: Claims arising out of the conduct of the Czech Media Council towards the broadcasting enterprise partly owned by the foreign investor.
Shareholding in local broadcasting enterprise. Decided in favour of neither party (liability found but no damages awarded) Czechia United States of America Tertiary: J - Information and communication 60 - Programming and broadcasting activities Briner, R. - President

Cutler, L. N. - Claimant

Klein, B. - Respondent
Data not available 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

Arbitrary, unreasonable and/or discriminatory measures
Arbitrary, unreasonable and/or discriminatory measures Award dated 3 September 2001 None None None None None None
169 1999 Link Trading v. Moldova Link-Trading Joint Stock Company v. Department for Customs Control of the Republic of Moldova Moldova, Republic of - United States of America BIT (1993) UNCITRAL None Investment: U.S.-Moldovan joint venture company engaged in the import of consumer products into the Free Economic Zone of Chisinau and resale to retail customers.

Summary: Claims arising out of changes in the rates of duties and VAT exemptions introduced by the 1998 Moldovan Law on the Budget which allegedly destroyed the economic viability of claimant's business.
U.S.-Moldovan joint venture company engaged in the import of consumer products into the Free Economic Zone of Chisinau and resale to retail customers. Decided in favour of State Moldova, Republic of United States of America Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 47 - Retail trade, except of motor vehicles and motorcycles Hertzfeld, J. M. - President

Buruiana, I. V. - Claimant

Zykin, I. S. - Respondent
3.50 mln USD Data not available Indirect expropriation None - all claims dismissed at the merits stage Award on Jurisdiction dated 16 February 2001

Final Award dated 18 April 2002
None None None None None None
170 1999 Mitchell v. Congo Patrick Mitchell v. Democratic Republic of the Congo (ICSID Case No. ARB/99/7) Congo, Democratic Republic of the - United States of America BIT (1984) ICSID ICSID Investment: Ownership of local legal consulting firm.

Summary: Claims arising out of the seizure by Congolese military forces of the premises of Mr. Mitchell's legal consulting firm, in which documents qualified as compromising and other items were seized and the employees of the firm were forced to leave the premises.
Ownership of local legal consulting firm. Decided in favour of investor Congo, Democratic Republic of the United States of America Tertiary: M - Professional, scientific and technical activities 69 - Legal and accounting activities Bucher, A. - President

Lalonde, M. - Claimant

Estey, W. Z. - Claimant (replaced)

Agboyibo, Y. - Respondent
Data not available 0.75 mln USD Direct expropriation Direct expropriation Final Award dated 9 February 2004 Dissenting Opinion by Yawovi Agboyibo (Final Award) ICSID annulment proceedings Award/decision annulled in its entirety (ICSID annulment proceedings) Decision on the Application for Annulment of the Award dated 1 November 2006 (ICSID annulment proceedings) None Dimolitsa, A. - President

Dossou, R. - Member

Giardina, A. - Member
171 1999 Mobil Argentina v. Argentina Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/99/1) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Data not available

Summary: Claims arising out of a petroleum exploration and production venture.
Data not available Discontinued Argentina United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Tribunal not constituted Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Order taking note of the discontinuance issued by the Secretary-General dated 21 July 1999, pursuant to Arbitration Rule 44 None None None None None None
172 1999 Pope & Talbot v. Canada Pope & Talbot v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Ownership of local subsidiary for the operation of three sawmills in Canada and export of softwood lumber produced.

Summary: Claims arising out of Canada's implementation of the U.S.-Canada Softwood Lumber Agreement, in which Canada agreed to charge a fee on exports of softwood lumber in excess of a certain number of board feet.
Ownership of local subsidiary for the operation of three sawmills in Canada and export of softwood lumber produced. Decided in favour of investor Canada United States of America Primary: A - Agriculture, forestry and fishing 2 - Forestry and logging Dervaird, L. - President

Greenberg, B. J. - Unknown

Belman, M. J. - Unknown
507.50 mln USD 0.46 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Interim Award dated 26 June 2000

Award on the Merits of Phase 2 dated 10 April 2001

Award in Respect of Damages dated 31 May 2002

Award in Respect of Costs dated 26 November 2002
None None None None None None
173 1998 Houston Industries v. Argentina Houston Industries Energy, Inc. and others v. Argentine Republic (ICSID Case No. ARB/98/1) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Rights under a concession agreement for the provision of electricity distribution services in Argentina.

Summary: Claims arising out of disagreements over a concession agreement for the provision of electricity distribution services in the Santiago del Estero province in Argentina.
Rights under a concession agreement for the provision of electricity distribution services in Argentina. Settled Argentina United States of America Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Bernardini, P. - President

van den Berg, A. J. - Claimant

Torres Bernárdez, S. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Award dated 24 August 2001 Declaration of Santiaqo Torres Bernárdez None None None None None
174 1998 Lemire v. Ukraine (I) Joseph Charles Lemire v. Ukraine (I) (ICSID Case No. ARB(AF)/98/1) Ukraine - United States of America BIT (1994) ICSID AF ICSID Investment: Indirect majority shareholding in Ukrainian joint stock company licensed to broadcast on various radio frequencies in Ukraine.

Summary: Claims arising out of claimant's difficulties in obtaining licenses for radio frequencies and broadcasting channels in Ukraine.
Indirect majority shareholding in Ukrainian joint stock company licensed to broadcast on various radio frequencies in Ukraine. Settled Ukraine United States of America Tertiary: J - Information and communication 60 - Programming and broadcasting activities Lauterpacht, E. - President

Paulsson, J. - Claimant

Voss, J. - Respondent
Data not available Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Award (embodying the parties' agreement) dated 18 September 2000 None None None None None None
175 1998 Myers v. Canada S.D. Myers, Inc. v. Government of Canada NAFTA (1992) UNCITRAL None Investment: Corporation engaged in treatment of Polychlorinated biphenyl (PCB); ownership of local subsidiary engaged in related activities.

Summary: Claims arising out of Canada's ban on the export of PCB wastes from Canada to the United States in late 1995 and alleged economic harm to the investor resulting from the imposition of such ban through interference with its operations, lost contracts and opportunities in Canada.
Corporation engaged in treatment of Polychlorinated biphenyl (PCB); ownership of local subsidiary engaged in related activities. Decided in favour of investor Canada United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Hunter, M. J. - President

Schwartz, B. - Claimant

Chiasson, E. C. - Respondent

Rae, B. - Respondent (replaced)
70.90 mln USD 6.00 mln CAD (3.80 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Performance requirements
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
Final Award (concerning the apportionment of costs between the Disputing Parties) dated 30 December 2002

Partial Award dated 13 November 2000 (Merits)

Second Partial Award dated 2 December 2002 (Damages)
Dissenting Opinion of Professor Bryan P. Schwartz concerning the apportionment of costs between the Disputing Parties (Final Award) Judicial review by national courts Award/decision upheld (Judicial review by national courts) Attorney General of Canada v. S.D. Myers, Statutory Review in the Federal Court of Canada, Reasons for Order dated 13 January 2004 (Judicial review by national courts) None None
176 1998 Waste Management v. Mexico (I) Waste Management, Inc. v. United Mexican States (I) (ICSID Case No. ARB(AF)/98/2) NAFTA (1992) ICSID ICSID Investment: Rights under a waste management concession agreement held by claimant's local subsidiary company.

Summary: Claims arising out of the alleged breach of a 15-year concession granted by the State of Guerrero and the municipality of Acapulco to Acaverde, USA Waste's Mexican subsidiary, for public waste management services.
Rights under a waste management concession agreement held by claimant's local subsidiary company. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Cremades, B. M. - President

Highet, K. - Claimant

Siqueiros, E. - Respondent

Treviño Azcué, J. - Respondent (replaced)
36.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
None - jurisdiction declined Arbitral Award dated 2 June 2000 Dissenting Opinion of Keith Highet (Arbitral Award) None None None None None
177 1997 Azinian v. Mexico Robert Azinian, Kenneth Davitian, & Ellen Baca v. The United Mexican States (ICSID Case No. ARB (AF)/97/2) NAFTA (1992) ICSID AF ICSID Investment: Shareholding in local company that held a concession contract with the local government for waste collection and disposal.

Summary: Claims arising out of the cancellation by the Mexican city council of Naucalpan of a concession contract for commercial and industrial waste collection.
Shareholding in local company that held a concession contract with the local government for waste collection and disposal. Decided in favour of State Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Paulsson, J. - President

Civiletti, B. R. - Claimant

von Wobeser, C. - Respondent
19.20 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment
None - all claims dismissed at the merits stage Award dated 1 November 1999 None None None None None None
178 1997 Ethyl v. Canada Ethyl Corporation v. The Government of Canada NAFTA (1992) UNCITRAL None Investment: Sole shareholder of company acting as the only importer and distributer of MMT (fuel additive) across Canada.

Summary: Claims arising out of a Canadian statute banning imports of the gasoline additive MMT for use in unleaded gasoline.
Sole shareholder of company acting as the only importer and distributer of MMT (fuel additive) across Canada. Settled Canada United States of America Secondary: C - Manufacturing

Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles
20 - Manufacture of chemicals and chemical products

46 - Wholesale trade, except of motor vehicles and motorcycles
Böckstiegel, K.-H. - President

Brower, C. N. - Claimant

Lalonde, M. - Respondent
251.00 mln USD 13.00 mln USD Indirect expropriation

National treatment

Performance requirements
Not applicable - settled or discontinued before decision on liability Award on Jurisdiction dated 24 June 1998 None None None None None None
179 1997 Lanco v. Argentina Lanco International Inc. v. Argentine Republic (ICSID Case No. ARB/97/6) Argentina - United States of America BIT (1991) ICSID ICSID Investment: Shareholding in company having a concession agreement for the development and operation of a port terminal in the city of Buenos Aires.

Summary: Claims arising out of the alleged breach of a concession agreement entered into between the Argentinean Ministry of Public Works and Services on the one hand, and Lanco International on the other, for the development and operation of a port terminal in Buenos Aires.
Shareholding in company having a concession agreement for the development and operation of a port terminal in the city of Buenos Aires. Discontinued Argentina United States of America Tertiary: F - Construction 43 - Specialized construction activities Cremades, B. M. - President

Aguilar Álvarez, G. - Claimant

Baptista, L. O. - 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

Umbrella clause
Not applicable - settled or discontinued before decision on liability Jurisdiction of the Arbitral Tribunal dated 8 December 1998

Order taking note of the discontinuance issued by the Tribunal dated 17 October 2000, pursuant to Arbitration Rule 44
None None None None None None
180 1997 Metalclad v. Mexico Metalclad Corporation v. The United Mexican States (ICSID Case No. ARB(AF)/97/1) NAFTA (1992) ICSID AF ICSID Investment: Ownership of landfill property as well as permits and licenses for the development and operation of a hazardous waste disposal enterprise.

Summary: Claims arising out of the alleged interference of the Mexican local governments of San Luis Potosí and Guadalcázar with the investor's development and operation of a hazardous waste landfill.
Ownership of landfill property as well as permits and licenses for the development and operation of a hazardous waste disposal enterprise. Decided in favour of investor Mexico United States of America Tertiary: E - Water supply; sewerage, waste management and remediation activities 38 - Waste collection, treatment and disposal activities; materials recovery Lauterpacht, E. - President

Civiletti, B. R. - Claimant

Siqueiros, E. - Respondent
90.00 mln USD 16.70 mln USD Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar
Award dated 30 August 2000 None Judicial review by national courts Award/decision partially set aside (Judicial review by national courts) The United Mexican States v. Metalclad Corporation, Decision of the Supreme Court of British Columbia on the challenge by the Petitioner, The United Mexican States, of the Arbitration Award issued on 30 August 2000, 2001 BCSC 664 dated 2 May 2001 (Judicial review by national courts) None None
181 1996 Ameritech v. Poland Ameritech v. Republic of Poland Poland - United States of America BIT (1990) UNCITRAL Data not available Investment: Shareholding in local cellular phone company.

Summary: Claims arising out of certain telecommunications statutory enactment overturning a Government's letter of intent which contained Poland's commitment to award the claimant digital cellular licenses.
Shareholding in local cellular phone company. Settled Poland United States of America Tertiary: J - Information and communication 61 - Telecommunications Data not available 500.00 mln USD Data not available 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
182 1996 Biedermann v. Kazakhstan Biedermann International, Inc. v. The Republic of Kazakhstan and The Association for Social and Economic Development of Western Kazakhstan "Intercaspian" (SCC Case No. 97/1996) Kazakhstan - United States of America BIT (1992) SCC SCC Investment: Oil concession agreement to develop the Kenbai field in the Atyrau region.

Summary: Claims arising out of the Government's termination of an oil concession agreement entered into with the claimant.
Oil concession agreement to develop the Kenbai field in the Atyrau region. Decided in favour of investor Kazakhstan United States of America Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Data not available Data not available 8.90 mln USD Indirect expropriation Indirect expropriation Award dated 2 August 1999 None None None None None None
183 1993 AMT v. Zaire American Manufacturing & Trading, Inc. v. Republic of Zaire (ICSID Case No. ARB/93/1) Congo, Democratic Republic of the - United States of America BIT (1984) ICSID ICSID Investment: Majority shareholding in company engaged in the production and sale of automotive and dry cell batteries and in the importation and resale of consumer goods and foodstuffs.

Summary: Claims arising out of two alleged episodes of looting in which soldiers of the Zairian armed forces destroyed, damaged or took away certain property, finished goods, raw materials and other objects of value belonging to the local subsidiary of the investor.
Majority shareholding in company engaged in the production and sale of automotive and dry cell batteries and in the importation and resale of consumer goods and foodstuffs. Decided in favour of investor Congo, Democratic Republic of the United States of America Secondary: C - Manufacturing 27 - Manufacture of electrical equipment Sucharitkul, S. - President

Golsong, H. - Claimant

Mbaye, K. - Respondent
21.50 mln USD 9.00 mln USD Full protection and security, or similar

Losses sustained due to insurrection, war, or similar events
Full protection and security, or similar

Losses sustained due to insurrection, war, or similar events
Award dated 21 February 1997 Statement of the Individual Opinion of Mr. Heribert Golsong (Award)

Declaration by Mr. Keba Mbaye (Award)
None None None None None