In MNSS B.V. and another v Montenegro (ICSID Case No. ARB(AF)/12/8), the majority of an ICSID Additional Facility tribunal upheld two objections to jurisdiction related to contract claims and lack of consent to arbitration under Montenegrin foreign investment laws. It accepted jurisdiction over claims brought under the Netherlands-Montenegro bilateral investment treaty (BIT). The tribunal further found that the respondent had breached its obligation to ensure the protection of persons and property but did not grant compensation because the claimants failed to show they had suffered any damages in this respect. All other claims were rejected on the merits or by majority for want of jurisdiction. The parties were ordered to pay their own legal fees and expenses but the claimant was ordered to pay the costs of the tribunal and the ICSID secretariat.

In Transglobal Green Energy LLC and another v Republic of Panama (ICSID Case No. ARB/13/28), an ICSID tribunal upheld a jurisdictional objection by Panama on the grounds of abuse by the claimants of the investment treaty system by attempting to create an artificial international jurisdiction over a pre-existing dispute. Full update to follow.

Although the Singapore International Arbitration Centre (SIAC) launched the SIAC Rules 2016 on 27 May 2016 (see Legal update, SIAC launches 2016 arbitration rules), those rules remain subject to change and, at the time of writing, the SIAC Rules 2013 still remain in force. The SIAC Rules 2016 will be made available on the SIAC website upon formal release and will set out the date of application.

SIAC has also recently announced that it has entered into a Memorandum of Agreement (MOA) with the Gujarat International Finance Tec-City Company Limited (GIFTCL) and GIFT SEZ Limited (GIFT SEZ), under which they will collaborate to promote the use of arbitration, mediation, and other dispute resolution mechanisms.