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All posts by Girish Deepak
Analysis: US court enters default judgment enforcing UNITRAL award against Ghana
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Canadian appeals court rejects claimants’ attempt to set aside 7-million-USD award granting compensation for sunk costs in quarrying project
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ICSID tribunal in Huawei v. Sweden allows European Commission to intervene as non-disputing party through written submission addressing EU cybersecurity regulation, while rejecting request for broader participation
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ICSID annulment committee issues order for partial discontinuance in Rand v. Serbia, allowing several claimants to withdraw from the case
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Analysis: ITLOS declines to issue provisional measures in the Zheng He Case (Luxembourg v. Mexico), finding that while it has prima facie jurisdiction, no imminent risk of irreparable harm exists considering Mexico’s assurances
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Analysis: ICJ issues Advisory Opinion on Israel-Palestine conflict, finding that Israel’s continued occupation of Palestine violates international rules governing conduct by occupying power and non-discrimination, and should be ended immediately with an obligation to make reparations
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Dutch court upholds jurisdiction over Spain’s request for anti-enforcement injunction directed against intra-EU ECT award, finding that New York Convention does not apply to question of incompatibility of arbitral award with EU state aid rules
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Singapore court grants permanent anti-suit injunction in favor of Indonesia’s state-owned oil company, and rejects challenge to enforcement of award
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[Updated] ICC arbitration stemming from dispute between Canadian oil company and Albania concludes with award
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ICSID tribunal in Riverside Coffee v. Nicaragua refuses to restrict respondent’s Rejoinder; public hearing to be live streamed next week
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Canadian court dismisses legal clinic’s application to intervene in proceedings concerning set-aside of treaty award
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Saint Kitts and Nevis’ state-owned electricity company announces win in arbitration against UK-based energy firm
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ICJ issues third provisional measures decision in South Africa v. Israel case, directing Israel to halt military operations and allow unimpeded access to Gaza strip
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Analysis: ICJ refuses to indicate provisional measures in Mexico v Ecuador case, finding unanimously that assurances given by Ecuador are sufficient
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Caymans court refuses to grant costs to Kuwait Ports Authority despite initial win in bid for discovery in support of treaty arbitration
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CIS Round-Up: Updates on arbitration-related developments involving countries of the region
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ICSID tribunal rejects bifurcation request, applying three-fold test codified in 2022 ICSID Arbitration Rules
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Singapore High Court refuses to set aside award on allegations of forgery and lack of authority to contract, and grants 734,660 USD in costs to Shanghai Electric in dispute with Reliance
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Analysis: Annulment committee in RWE v. Spain sees no manifest excess of powers or failure to state reasons in ECT award that upheld jurisdiction over intra-EU dispute and declined to apply EU law on the merits
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Analysis: UK High Court finds that Libya waived sovereign immunity and orders enforcement against London property held by state
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Analysis: International Court of Justice issues additional provisional measures in South Africa v. Israel case
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Chinese state-owned oil and gas company initiates arbitration under consortium agreement for Guyana oilfield
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Analysis: ICSID tribunal orders Qatar to submit undertakings aimed at safeguarding claimant from criminal proceedings, while declining to adopt further provisional measures; arbitrators partially grant request for disclosure of third-party funding information under 2022 ICSID Rules
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CIS Round-Up: Updates on UK and US enforcement proceedings in Yukos shareholders dispute, arbitration-related developments before Russia’s courts, a new arbitration threat against Belarus, and the conclusion of a motorway dispute with Moldova
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Analysis: In its first decision on enforcement of an ICSID award, Malaysia’s High Court finds that sovereign immunity has no relevance at award recognition stage
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[Updated with Award] Analysis: Tribunal majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs
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Analysis: ICJ considers clean hands doctrine inapplicable in inter-state disputes, finds violations of CERD and ICSFT by Russia in the aftermath of Crimea’s annexation, and decides that Russia breached provisional measures order – but several claims are dismissed
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Analysis: UK Court of Appeal overturns High Court’s decision and grants anti-suit injunction, finding that choice of Paris as arbitration seat did not negate choice of English law as the governing law
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Naftogaz restrained from pursuing ICC arbitration against Gazprom under threat of 150 million USD fine
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CIS Round-Up: UK Court of Appeal grants anti-suit injunction, Azerbaijan introduces new arbitration law, and Kazakh Senate approves investment treaty with Qatar
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ICJ finds that Russia breached Convention for Suppression of Financing of Terrorism, CERD, and provisional measures ordered by the court – but rejects a majority of the grounds advanced by Ukraine
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[Updated] ICJ issues provisional measures in South Africa v. Israel case, finding prima facie jurisdiction and risk of irreparable prejudice to Palestinian civilians
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Analysis: UK High Court finds that ICSID Convention arbitration in itself is not enough to establish submission or arbitration exceptions to Zimbabwe’s sovereign immunity in UK enforcement proceedings, but immunities are irrelevant at stage of registration of ICSID award
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Tribunal majority orders claimant to provide security for costs in rare earth minerals arbitration against Greenland and Denmark; dissenter fails to see any exceptional circumstances warranting the measure
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Analysis: ICSID tribunal declines security for costs application in dispute over avocado plantation, finding that neither illiquidity of claimant’s assets, nor claimant’s procedural conduct amount to exceptional circumstances
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Analysis: In Worley Parsons v. Ecuador, arbitrators decline jurisdiction due to illegality and bad faith during making of investment; tribunal splits on whether illegality during investment’s operation pertains to admissibility or merits
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Analysis: In recently released Cementos v. Egypt decision, ICSID ad hoc committee dismisses investor’s request for annulment of award that found breach of effective means provision, but declined to award any damages
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Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award
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CIS Round-Up: Russian court refuses to issue interim anti-arbitration injunction against Ericsson but finds that it has jurisdiction over case despite arbitration clause; Yukos appeals move forward, and Ukraine announces wins in recent arbitrations
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Pakistan initiates LCIA arbitration over alleged breach of LNG supply agreement
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Indian state-owned entity lodges 1.8 billion USD arbitration claim against German successor of Gazprom
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[Updated] Pakistan announces settlement of ICSID arbitration brought by Turkish investors
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Pakistani poultry company initiates arbitration against UN Food and Agricultural Organisation
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US court dismisses Russia’s sovereign immunity defence and confirms subject matter jurisdiction for enforcement of 50 billion USD Yukos award
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Belarusian state-owned company reportedly initiates BIT arbitration against Lithuania
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CIS Round-Up: Russian courts issue anti-arbitration injunctions against Europol Gaz and Siemens, oil companies threaten arbitration against Kazakhstan, and possible arbitration claims stemming from Nagorno-Karabakh conflict
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Carlsberg puts Russia on notice of dispute, alleging that the state illegally expropriated its business in the wake of the 2022 invasion of Ukraine
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Malta announces another win in ICC arbitration regarding healthcare concession
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Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim
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Telecoms joint-venture reports loss in arbitration against Thai state-owned operator
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Analysis: ICSID tribunal partially grants provisional measures in NAFTA legacy claim, directing Mexico to refrain from making VAT refunds into frozen accounts, but rejecting claims to suspend local proceedings or prohibit media statements
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Kruck v. Spain tribunal awards 15 million EUR in damages plus costs to claimants
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Goldman Sachs initiates LCIA arbitration against Malaysia over 1MDB settlement
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Analysis: In Air Canada v. Venezuela, ICSID tribunal upheld jurisdiction over treaty claims and awarded 20 million USD in damages for breach of legitimate expectations
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UK Court of Appeal overturns SQD v. QYP High Court decision, granting anti-suit and anti-enforcement injunctions against Russian court proceedings and in favour of Paris-seated arbitration, based on evidence from French law experts
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Analysis: UK High Court grants anti-suit injunction against Russian domestic court proceedings lodged in violation of ICC arbitration clause, distinguishing SQD v. QYP
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Hong Kong court grants continuation of anti-suit injunction against sanctioned entity during pendency of HKIAC arbitration
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Canadian court enforces two ICC awards in telecoms dispute with Peruvian Ministry
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[Updated] 400 million USD ICC arbitration lodged by Algerian state-owned company over desalination plant dispute concludes with award
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UK High Court reverts to rejecting anti-suit injunction against sanctioned Russian party, this time in inter-partes proceedings – distinguishing recent Court of Appeal decision
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Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar
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CIS and Ukraine Round-Up: A new award, updates on arbitration-related court proceedings, and other news regarding the region
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Bangladeshi state-owned entity mounts successful defence in ICC arbitration, with tribunal awarding close to 1 million USD in costs
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ICSID tribunal exercises its case management powers to bifurcate damages phase
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LafargeHolcim reports win in arbitration against state-owned Bangladeshi gas supplier
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Iraq Round-Up: A 787 million USD award, successful enforcement actions, and other arbitration-related developments
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Russian appeals court upholds preliminary measures for seizure of property in Linde case, while anti-arbitration injunction case against Goldman Sachs moves forward to hearing
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Analysis: UK High Court grants anti-suit injunction against Russian domestic court proceedings, disagreeing with days-old decision
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Parties in Keystone XL arbitration debate whether NAFTA legacy provision applies to measures adopted during the NAFTA-USMCA transition period
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Analysis: ICSID tribunal majority in Rand v. Serbia admits claim of beneficial owner, sees no implicit legality requirement in the BIT, and awards 14.5 million EUR plus interest; dissenter would have dismissed the claims
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Revealed: UNCITRAL tribunal dismisses treaty claim against India
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Investor reveals contractual claim of 11.5 billion USD in rare earths and uranium mining dispute with Denmark and Greenland
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Analysis: In Indus Water Treaty dispute, Court of Arbitration decides that neither India’s non-participation, nor parallel proceedings affect its jurisdiction
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Analysis: Ad hoc tribunal awards 28 million USD in compensation to Preble-Rish in contract dispute over unpaid invoices; Haiti is held liable despite being a non-signatory
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Indus Water Treaty arbitration moves to merits phase, as court upholds its competence
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US court enforces 28 million USD award against Haiti in petroleum payment dispute with US-owned Preble-Rish
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Analysis: ICC tribunal in Reficar v. CB&I case finds contractual liability of over 1 billion USD, while addressing issues of admissibility of evidence and applicable law
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The Hague Court of Appeal declines to enforce 15 billion USD award issued in dispute between heirs of the Sultan of Sulu and Malaysia
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Kuwait Oil Company reports win in LCIA arbitration against contractor
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Tribunal appointed in latest arbitration between MOL and Croatia
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New UNCITRAL investment arbitration against Ecuador surfaces
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US court decides to stay decision on anti-suit injunction request in Watkins case, until resolution of the parallel appeals in NextEra and 9Ren proceedings
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International Court of Justice allows 32 countries to intervene in the Genocide Convention case between Ukraine and Russia; US application, however, is rejected
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Analysis: ICSID ad hoc committee upholds Cyprus Popular Bank v Greece award, rejecting claims of manifest excess of powers on non-application of EU law and allegations of breaches of procedural rules, while ordering costs to lie where they fall
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South Asia Round Up: An update on arbitration-related developments in the region
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Indian High Court refuses enforcement of partial award issued in BG Group and Reliance v. India arbitration
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Analysis: ICSID tribunal rejects Sweden’s bifurcation request in Huawei dispute
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Airbus is involved in ICC arbitration with Russian state-owned company
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State-owned Indian gas authority initiates arbitration against former Gazprom subsidiary now owned by the German government
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Analysis: ICSID ad hoc committee in BayWa v. Spain sees no grounds for annulment in tribunal’s findings concerning intra-EU objection and rejection of European Commission’s application to intervene as amicus curiae
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Delhi High Court declines to set aside Reliance v. India award
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ICSID ad hoc committee declines to annul BayWa v. Spain award
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Grand Chamber of European Court of Human Rights awards 130 million EUR to Georgia for human rights violations stemming from the treatment of its nationals by Russian forces during the occupation of South Ossetia and Abkhazia
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European Court of Human Rights upholds jurisdiction over Georgia v. Russia inter-state claim, seeing no abuse of process by Georgia and finding that Russia has effective control over Abkhazia and South Ossetia
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Malta claims victory in ICC emergency arbitration over hospital concession agreement
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In NDP submissions, USA and Canada argue that NAFTA contains an implicit legality requirement, and highlight interpretative issues relating to expropriation, minimum standard of treatment, and national treatment
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In NDP submission, USA contends that defective waiver cannot be remedied by the tribunal, and that the FET standard contained in Colombia-USA TPA does not include good faith
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India Round Up: A new arbitration dispute, two unsuccessful arbitrator challenges, and a new funding arrangement
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[Updated] ICC tribunal hearing dispute with state-owned Iranian oil company faces multiple arbitrator challenges and withdrawal of counsel prior to hearing
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