Topic: Denial of justice

A Syrian-French national who was convicted for his role in Malaysia’s 1MDB scandal has lost a US$750 million ICSID claim against Kuwait over court actions targeting his publishing business, despite the tribunal finding due process violations in some of the legal proceedings against him. 

18 March 2025

A NAFTA tribunal has upheld claims by three US oilfield services companies that they were denied justice in the Mexican courts after a state-owned entity terminated their contracts. 

07 November 2024

A Guatemalan telecoms group has threatened El Salvador with a US$130 million treaty claim over a plan to roll-out a 4G network – invoking a rarely-cited investment agreement between five Central American states.  

07 October 2024

As Mexico passes controversial reforms that will see judges elected by popular vote, delegates at the IBA annual conference in Mexico City have warned of the potential impact on the country’s reputation as an arbitration-friendly jurisdiction – and considered whether the measures could lead to investment treaty claims. 

18 September 2024

A Mexican government agency acted with arbitrary political intent by closing down various US-owned casino businesses but allegations of “corrupt collusion” involving the judiciary were unproven, according to a newly public NAFTA award.

13 September 2024

A group of Philippine nationals who won a US$15 billion arbitral award against Malaysia in circumstances that led to the arbitrator being criminally convicted in the Spanish courts have now filed an ICSID claim against Spain, saying they have suffered a denial of justice. 

09 September 2024

Belgium’s Court of Cassation has reinstated an investment treaty award that ordered Poland to pay US$10 million to a US hedge fund over a denial of justice. 

30 April 2024

A Turkish construction company that previously brought treaty claims against Libya and Syria has now lodged an ICSID case against Saudi Arabia, alleging it is the victim of a denial of justice in the country's courts.

22 August 2023

The French Court of Cassation has upheld a US$243 million investment treaty award obtained by a French-Senegalese businessman against Senegal, dismissing the state’s arguments regarding his dual nationality.

25 May 2023

A mining magnate that saw his US$21 billion arbitral claim against Western Australia halted by emergency state legislation has brought a fresh challenge against the “draconian” measures, arguing they also effectively prevent him from bringing an investment treaty claim.

05 September 2022