All posts by Girish Deepak

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: 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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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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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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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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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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Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim

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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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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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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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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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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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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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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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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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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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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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Analysis: NAFTA tribunal in Lone Pine v. Canada finds that revocation of mining rights around the St. Lawrence River did not amount to an expropriation, considering that claimant retained other mining rights; tribunal majority also dismisses MST claim

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NAFTA legacy tribunal declines to grant provisional measures aimed at preventing Pemex subsidiary from calling on performance bond

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Analysis: ICSID ad hoc committee in 9Ren v. Spain considers that intra-EU jurisdictional objection is only applicable if EU law applies as lex arbitri, and emphasizes limited scope of annulment proceedings

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