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Filtered : SCC Rules (Stockholm)

• Analysis: Svea Court of Appeal sets aside Triodos v. Spain award, on intra-EU grounds

  Apr 16, 2024

• Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

  Jan 11, 2024

• Analysis: Contract-based tribunal hearing dispute over city of Vilnius’ heating network finds that it cannot rely on unauthenticated evidence of corruption; both parties are awarded damages, but city comes out ahead

  Dec 07, 2023

• SCC arbitration pitting Veolia against Municipality of Vilnius concludes with award that dismisses respondents’ allegations of corruption; tribunal upholds some claims and counterclaims

  Dec 01, 2023

• Revealed: Georgian parties seek set-aside of SCC award in dispute with Ras Al Khaimah entities, alleging illegal hacking during the arbitration

  Aug 25, 2023

• Moldova is looking for counsel to defend favourable treaty award against set-aside proceedings in Swedish courts

  Apr 21, 2023

• Analysis: SCC tribunal finds that Poland’s lack of compliance with rulings of Polish domestic courts breached the ECT’s effective means standard

  Mar 03, 2023

• Uncovered: SCC tribunal hearing under-the-radar ECT claim against Poland upholds jurisdiction over intra-EU dispute and finds breach of effective means standard

  Feb 28, 2023

• Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs

  Feb 16, 2023

• Uncovered: SCC tribunal upholds jurisdiction and finds Spain liable for ECT breach in intra-EU dispute

  Feb 07, 2023

• Uncovered: Redacted version of SCC award against Georgia reveals that tribunal dealt with one additional claim and opted against awarding compound interest; related ICSID award and dissent remain unpublished

  Jan 20, 2023

• Dutch court declines to enforce Stati v. Kazakhstan award, ruling that procedural fraud contravenes Dutch public policy

  Jan 10, 2023

• Revealed: In Komaksavia v. Moldova, non-ICSID tribunal applies objective definition of the term ‘investment’, and declines jurisdiction over airport concessionaire’s BIT claims due to a lack of contribution and absence of action of investing

  Dec 28, 2022

• Swedish Supreme Court sets aside PL Holdings v. Poland intra-EU award, relying on the CJEU’s assessment of the case to ground a breach of public policy

  Dec 14, 2022

• Svea Court of Appeal sets aside intra-EU award against Spain, on grounds of non-arbitrability

  Dec 14, 2022

• Gazprom Round-Up: One arbitration concludes, as another multi-billion EUR case is initiated; additional arbitration claims are on the horizon

  Nov 30, 2022

• Uncovered: In previously undisclosed award, treaty tribunal grapples with dual citizenship and dismisses argument that extra-EU BIT arbitration is contrary to EU law; tribunal majority allows claimant to import consent to SCC forum through MFN clause

  Oct 28, 2022

• CIS Round-Up: Russian court deems arbitration clauses unenforceable against sanctioned entities, new cases, concluded disputes, and an ECtHR ruling

  Oct 06, 2022

• Moldova defeats 900 million EUR investment treaty arbitration that had spawned two separate emergency arbitrator awards

  Aug 04, 2022

• ECT arbitration against Spain is discontinued

  Jun 24, 2022

• Breaking: ECT tribunal upholds Spain’s intra-EU objection and declines jurisdiction over renewable energy claim

  Jun 22, 2022

• Finland’s state-owned energy company announces plan to pursue arbitration over Gazprom’s request that payments for Russian gas shall be made in rubles; Ukraine’s Naftogaz also mulls arbitration claim

  May 17, 2022

• Ukraine is facing a new ECT arbitration, but proceedings are suspended due to armed conflict

  May 10, 2022

• SCC tribunal is in place to hear recently-uncovered ECT claim against Albania

  May 03, 2022

• Balkan state is looking for counsel in SCC arbitration

  Apr 29, 2022

• CIS Round-Up: A new award is uncovered, two Supreme Court decisions, a failed set-aside bid, and other arbitration-related developments

  Feb 25, 2022

• Vilnius court decides that the courts of the respondents’ domicile have jurisdiction over claims based on the Plurilateral Termination Agreement – once again throwing out Lithuania’s attempt to seek damages from investors involved in parallel ICSID and SCC arbitrations

  Feb 14, 2022

• SCC and ICSID tribunals are in place, as first publicly known renewable energy arbitrations against Ukraine kick off

  Jan 19, 2022

• [Updated] Poland Round-Up: Adoption of media law could give rise to treaty arbitration, a helicopter dispute is settled, and a tribunal is reconstituted

  Dec 23, 2021

• Georgia is ordered to pay 80 million USD in contract-based SCC arbitration

  Dec 03, 2021

• Svea Court of Appeal rescinds request for a preliminary ruling from the European Court of Justice in light of the European court’s Komstroy and PL Holdings decisions

  Nov 30, 2021

• Belgian appeals court finds that Stati v. Kazakhstan award was procured through fraud

  Nov 17, 2021

• [Updated] SCC tribunal declines jurisdiction over renewables claim against Spain

  Nov 16, 2021

• Western Africa Round-Up: An update on arbitration-related developments involving the Democratic Republic of Congo, the Republic of Congo, Ghana and Mali

  Nov 11, 2021

• CJEU decides that an ad hoc arbitration agreement identical to the investor-state arbitration clause of an intra-EU treaty is incompatible with EU law

  Oct 26, 2021

• Uncovered: Redacted partial award in contract-based Georgian electricity tariff dispute reveals tribunal’s approach to interpreting public law contracts, and suggests that a counterclaim was upheld

  Oct 13, 2021

• Central European state claims that it has prevailed on jurisdiction in under-the-radar ECT arbitration

  Oct 07, 2021

• Revealed: Tribunal in VEB v. Ukraine upholds jurisdiction over Russian state-owned claimant, but declines to import more favourable standards of treatment through the underlying treaty’s MFN clause

  Sep 22, 2021

• Bid to collect on controversial +$500 million award leads to threat of a new Energy Charter Treaty arbitration

  Aug 05, 2021

• Poland is facing under-the-radar treaty arbitration, with a tribunal already in place

  Jul 22, 2021

• Poland claims victory in under-the-radar ECT arbitration

  Jul 12, 2021

• SCC emergency arbitrator declines jurisdiction over request from arrested businessman in dispute with Angola

  Jun 22, 2021

• Revealed: Decade-old awards reveal that Tercier-chaired tribunal upheld jurisdiction over a round-trip investment under the ECT, but ultimately dismissed claims for harassment and discrimination on the merits

  Jun 02, 2021

• Uncovered: Littop v. Ukraine ECT tribunal recognizes “unclean hands” principle and declines jurisdiction over 6 billion USD case after finding that the investment was tainted by corruption; denial of benefits objection is also upheld

  May 30, 2021

• Ukraine is facing its first renewables arbitration; respondent’s counsel may be chosen through negotiated procedure

  Apr 28, 2021

• CJEU Advocate General opines that individual intra-EU investor-state arbitration agreements are only valid if domestic courts are able to carry out a “comprehensive review” of the resulting award

  Apr 22, 2021

• Looking Back: In Amto v. Ukraine, arbitrators discussed denial of benefits under the ECT, and found that failure by state-owned company to pay outstanding debt did not give rise to a treaty breach

  Mar 19, 2021

• Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return

  Mar 16, 2021

• Swedish court asks CJEU to rule on compatibility of ECT arbitration clause with EU law

  Mar 01, 2021

• Ukraine claims victory in 6 billion USD SCC case

  Feb 05, 2021

• Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings

  Feb 04, 2021

• Claim brought by Russia’s state-owned investment bank against Ukraine proceeds to the next stage

  Feb 02, 2021

• 2020 was a record year for cases filed under the ICSID Convention; but ICSID’s market-share of treaty-based cases may be distorted due to confidentiality of data regarding non-ICSID cases

  Jan 06, 2021

• CIS round-up: An update on arbitration cases against Ukraine, Kazakhstan, Belarus and Azerbaijan

  Dec 29, 2020

• Looking Back: Tribunal majority in Berschader v. Russia declined jurisdiction over indirect investments and refused to extend MFN clause to dispute settlement

  Nov 16, 2020

• Revealed: Reasons surface why SCC emergency arbitrator ordered Moldova to refrain from cancelling airport concession contract

  Aug 13, 2020

• Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim

  Aug 04, 2020

• [Updated] Invoking the EU Termination Agreement, Lithuania files claims against Veolia before local courts

  Jul 24, 2020

• Moldova announces renewed public tender for recently surfaced Chisinau airport arbitration

  Jul 24, 2020

• [Updated] Billion-dollar airport arbitration against Moldova takes off quietly at the SCC; emergency arbitration award has already been handed down

  Jul 14, 2020

• Kazakhstan defeats enforcement of Stati/Ascom award against Central Bank assets – but award remains standing despite fraud allegations

  Jun 22, 2020

• Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor’s expropriation and FET claims fail on the merits

  Jun 22, 2020

• CIS Round-up: An update on arbitration cases against Armenia, Georgia, Kyrgyzstan, Turkmenistan, Ukraine, and Uzbekistan

  Jun 17, 2020

• Swedish court rejects Spain’s second request for a preliminary ruling on the validity of intra-EU ECT arbitration, and allows the EC to intervene in set-aside proceedings

  Jun 02, 2020

• Breaking: EU member states sign plurilateral treaty to terminate intra-EU BITs

  May 06, 2020

• Poland prevails in treaty-based dispute over historic military barracks in the city of Warsaw

  May 01, 2020

• Looking Back: In its first known BIT case, Moldova defeated an indirect expropriation claim, as the UNCITRAL tribunal hearing the dispute weighed in on the state’s right to regulate

  Apr 18, 2020

• Breaking: SCC tribunal finds no breach of Energy Charter Treaty by Italy, in latest award to decide renewables claims

  Mar 27, 2020

• CIS Round-up: A discontinuation, a provisional-measures ruling, a new case, and Russia enters the fray

  Mar 18, 2020

• Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration

  Jan 14, 2020

• Swedish Supreme Court to send Achmea-related question to European Court of Justice

  Dec 14, 2019

• Russian investment bank reportedly announces favourable ruling from Stockholm Chamber of Commerce in fight with Ukraine

  Aug 28, 2019

• Kyrgyzstan Round-Up: an update on four arbitrations against the Kyrgyz state

  Aug 27, 2019

• BIT claim is reportedly filed against Ukraine by State-owned Russian development bank whose Ukrainian assets have been caught up in enforcement of BIT awards against Russia

  Jun 21, 2019

• ANALYSIS: Intra-EU awards piling up on Stockholm court docket, with three ECT awards added in recent months, and new demands by Spain and Italy for reference to European Court of Justice

  May 26, 2019

• Looking Back: In first award rendered in an Energy Charter Treaty arbitration, Nykomb v. Latvia tribunal found discrimination when state-owned electricity firm granted higher tariffs to locally-owned producers

  May 23, 2019

• In newly-disclosed Energy Charter Treaty award, Italy loses CEF Energia case; majority finds breach of fair and equitable treatment standard in intra-EU solar case

  May 17, 2019

• Kyrgyzstan round-up: new tribunals, new disputes, and updates on multiple longer-running matters

  Apr 30, 2019

• Setback for Spain, as judge refuses to consult European Court of Justice on question of Energy Charter Treaty’s applicability within the EU

  Apr 25, 2019

• Sweden’s Supreme Court agrees to review Achmea-related effort to set aside BIT award, and to stay its enforcement in interim

  Apr 15, 2019

• SCC emergency arbitrator orders Republic of Georgia to refrain from seizing assets belonging to conglomerate owned by Georgian businessman

  Apr 11, 2019

• English High Court of Justice rejects investor’s request for extension to challenge UNCITRAL BIT award

  Feb 27, 2019

• Revealed: heretofore-confidential quantum award from PL Holdings v Poland case reveals how damages were quantified

  Feb 26, 2019

• Spain round-up: new decisions are rendered in renewables cases and yet another investor claim is filed

  Feb 26, 2019

• Analysis: a full run-down of the Svea Court of Appeal’s reasoning in the recent PL Holdings v. Poland set-aside decision

  Feb 23, 2019

• Breaking: Svea Court of Appeal upholds (most of) intra-EU award against Poland, finding that state’s Achmea-related objections are time-barred

  Feb 22, 2019

• Litigation funder-backed investor tries to enforce award against Russian state-owned entity; underlying award comes to light as a result of enforcement effort

  Feb 03, 2019

• Hungarian state-owned investor, MOL, intervenes in court in support of another investor seeking to enforce an intra-EU ECT award against Spain; MOL insists that ECT remains viable for intra-EU disputes – as it waits for award in its own case

  Jan 18, 2019

• BREAKING: EU Member States announce scheme to terminate all intra-EU BITs and warn investor community to not initiate new claims – but views differ with respect to whether Achmea decision applies to Energy Charter Treaty

  Jan 17, 2019

• In now-public Energy Charter Treaty award (Greentech v Italy), Park-chaired tribunal finds that Achmea ruling does not preclude tribunal’s jurisdiction, but Sacerdoti dissents on liability

  Jan 13, 2019

• An overview of our reporting from September-December 2018

  Jan 04, 2019

• Tribunal chaired by William W. Park finds Italy liable for breach of Energy Charter Treaty; first loss for Italy in its string of renewables cases

  Dec 24, 2018

• In an apparent first, an arbitrator is disqualified from tribunal after state objects to his serving as counsel to investor in parallel case where jurisdiction over intra-EU claims was at issue

  Dec 13, 2018

• In newly-uncovered award in Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, Derains-chaired tribunal sees no expropriation arising from government’s financial crisis response

  Dec 13, 2018

• Analysis: arbitrators in Greentech v. Spain award agree that Achmea ruling is not relevant to their jurisdiction, but ultimately disagree whether Spain is liable for breach of Energy Charter Treaty

  Nov 20, 2018

• Danish renewables firm wins Energy Charter Treaty case against Spain

  Nov 15, 2018

• ANALYSIS: now that first EU court has set aside an intra-EU BIT award due to Achmea ruling, we look at the fate of three other awards

  Nov 12, 2018

• Central Asia round-up: New developments related to investor claims against Kazakhstan and Kyrgyzstan

  Sep 29, 2018

• Ukrainians seeking to enforce BIT award against Russia secure the freezing of Russian assets in Ukraine; Russians respond with their own BIT warning to Ukraine

  Sep 20, 2018

• Stati and Ascom v. Kazakhstan: UK appeals court allows claimants to avoid fraud trial, after they decide to abandon enforcement efforts in that jurisdiction

  Aug 13, 2018