Mid April Case Round Up

April 17, 2010

A round up of the latest decisions made public in the last seven days.

Alpha Projektholding GmbH v. Ukraine, ICSID Case No. ARB/07/16 (Austria/Ukraine).

Decision on Respondent’s Proposal to Disqualify Arbitrator,
19 March 2010

Bureau Veritas, Inspection, Valuation, Assessment and Control, BIVAC B.V. v. Republic of Paraguay, ICSID Case No. ARB/07/9 (Netherlands/Paraguay BIT).

Decision of the Tribunal on Objections to Jurisdiction, 29 May 2009.

Joseph Charles Lemire v. Ukraine, ICSID Case No. ARB/06/18 (US/Ukraine BIT).

Decision on Jurisdiction and Liability, 21 January 2010.

Merrill & Ring Forestry L.P. v. Canada, UNCITRAL, ICSID Administered Case (NAFTA).

Award, 31 March 2010.

The two decisions of note are Merril & Ring Forestry v Canada which continues the discussion of discrimination in cases such as Pope & Talbot and S. D. Myers, and Lemaire v Ukraine which jurisdictional objections for an investment that concerns radio licences in the Ukraine.  This is one of the first cases I know of concerning the outcome of a tender procedure, and it will be interesting to see what the decision is at the merit stage.