All posts by Hristina Todorovic

Gazprom Round-Up: Bulgargaz lodges long-announced ICC arbitration against Gazprom Export, updates on Russian court proceedings against members of the OMV Group, and other arbitration-related developments involving the Russian state-owned company

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Canadian and UK miners reportedly file for annulment of ICSID award that rejected 4.4 billion USD claim against Romania and awarded the state 10 million USD in costs; meanwhile, investors seek financing while Romania attempts to secure collection of awarded costs

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Analysis: Svea Court of Appeal declines to rule on jurisdictional objection upheld by arbitral tribunal in bifurcated proceeding, finding that court’s scope of review in set-aside proceedings is limited to issues decided by arbitral tribunal

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CIS Round-Up: Yukos shareholders collect on vodka trademarks under Yukos awards, new developments in RCA-Linde legal saga, and other arbitration-related updates involving countries of the region

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Analysis: Russian court offers identical reasoning in enjoining two ICC arbitrations against Gazprom Export, seeing no prospect for impartial trial before Geneva-seated arbitration tribunals

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[Updated] Gazprom Round-Up: Russian courts issue new anti-arbitration injunctions and confirm previous ruling on cassation, Gazprom Exports asks for additional court measures, and other arbitration-related updates involving the Russian state-owned gas company

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Analysis: In anti-arbitration injunctions issued against Czechia’s CEZ and Austrian OMV’s gas trading subsidiary, Russian court reaffirms that sanctions render international arbitration agreements unenforceable

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[Updated] Gazprom Round-Up: ICC tribunal issues anti-anti-arbitration injunction, additional anti-arbitration injunctions by Russian courts, and updates on other arbitration-related developments involving the Russian state-owned gas company

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[Updated] Gazprom Round-Up: A new arbitration claim on the horizon, an additional Russian anti-arbitration injunction, and other arbitration-related updates involving the Russian gas company

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Revealed: ICC tribunal chaired by Cristián Conejero is hearing Czech CEZ’s claims against Gazprom Export, while respondent is asking Russian court for anti-arbitration injunction

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Presidential decree places Russian assets of German Bosch and Italian Ariston under temporary administration of Gazprom’s subsidiary, raising specter of potential arbitration claims

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[Updated] Revealed: In Russian proceedings pertaining to anti-arbitration injunction directed against Geneva-seated arbitration, OMV challenges Gazprom’s arguments on requirements for exclusive jurisdiction of Russian court and effect of EU and Swiss sanctions against Russian nationals

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CIS Round-Up: Updates on arbitration-related court proceedings, new developments in cases involving Georgia, and other news involving CIS region arbitrations

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Analysis: Tribunal unanimously upholds jurisdiction under Kyrgyzstan’s foreign investment law, but splits on jurisdiction under BIT; dissenter opines that reference to ICSID arbitration cannot be used to access arbitration under ICSID’s Additional Facility Rules

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UNCITRAL Secretariat publishes updated Draft Provisions on procedural and cross-cutting issues for consideration by Working Group III; Draft Provisions include denial of benefits for abuse of process, rules on transparency and third-party funding, and limitations to the total damages that may be awarded

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Bosnian state-owned power plant loses contract-based UNCITRAL arbitration, paving the way for resumption of ICSID arbitration against the Balkan state

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Analysis: Sole arbitrator orders Djibouti to pay close to 200 million USD in Doraleh Port dispute, addressing risk of double recovery due to parallel arbitration, and declining to award damages for dividends owed to a third party

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Looking Back: In Lemire v. Ukraine (2), ICSID tribunal grappled with jurisdiction under settlement agreement recorded in an award, differences between FET and MST, discriminatory and arbitrary measures, moral damages, and much more

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Gazprom Round-Up: Claims by Slovenian Petrol and Polish EuRoPol GAZ add to the pile of arbitrations against Gazprom; earlier claim by the Russian gas giant against Polish PGNiG comes to light

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ICSID tribunal upholds the USA’s request for bifurcation of Keystone XL Pipeline arbitration, finding that jurisdictional objection relating to scope of NAFTA legacy provision is prima facie serious and essentially based on legal considerations

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Uncovered: UNCITRAL tribunal in Liberty v. Venezuela (2) finds that investor is entitled to pursue ad hoc UNCITRAL arbitration, as neither ICSID Convention arbitration, nor arbitration under ICSID’s Additional Facility Rules is available under the Spain – Venezuela BIT

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ICSID Additional Facility Rules tribunal stays Liberty v. Venezuela (1) arbitration in deference to jurisdictional ruling by UNCITRAL tribunal in Liberty v. Venezuela (2); decision on discontinuance is pending

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Looking Back: Global Trading v. Ukraine tribunal was first to dismiss all claims as manifestly without legal merit under ICSID Arbitration Rule 41(5), finding that claimants had no protected investment

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ICSID ad hoc committee in Rockhopper v. Italy rules on continued stay of the award’s enforcement, ordering the parties to find an effective arrangement to mitigate Italy’s risk of non-recoupment

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Revealed: In Agility v. Iraq jurisdictional decision, part of Kuwaiti investor’s claims are dismissed for lack of jurisdiction ratione temporis; measures that gave rise to a dispute post-dating the BIT’s entry into force proceed to the merits

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Looking Back: In Cable TV v. St. Kitts and Nevis, a contract-based tribunal analyzed the nature of constituent subdivisions and agencies, ultimately deciding that the state had not consented to ICSID jurisdiction

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