Investment Arbitration
The motion Colombia filed this month in Telefónica, S.A. v. Republic of Colombia (D.D.C.) is not a ruling — but it's worth reading twice. The facts are striking: a telecom concession contract containing an exclusive domestic arbitration clause; a reversion obligation the operators refused to honour;
Investment Arbitration
Back in 2013, Spain slashed the incentives it had promised to solar investors. An ICSID tribunal said "that's a treaty violation" and ordered Spain to pay. Spain has spent over a decade trying not to pay. This week's DC federal court order (Infrastructure Services
Investment Arbitration
When a State has two governments, who gets to arbitrate? The D.C. District Court has just given a remarkably pragmatic answer in Air Canada v. Venezuela. The case was never really about aviation: it was about something far more fundamental — whether an arbitral award becomes unenforceable because the “wrong”
Investment Arbitration
A recent judgment of the Paris Court of Appeal offers a useful reminder that, in investment arbitration, not every illegality argument is a jurisdictional argument. In its judgment of 21 July 2026 in Bolivia v Glencore Finance (Bermuda) Ltd, the Court rejected Bolivia’s challenge to a USD 253.6