All posts by Vladislav Djanic

Looking Back: PCIJ’s Factory at Chorzow case set the benchmark for the compensation owed on account of internationally wrongful conduct and grappled with other issues of relevance to investor-state arbitration

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Looking Back: In Certain German Interests in Polish Upper Silesia, the PCIJ dealt with parallel claims before mixed arbitral tribunals, expropriation of contractual rights, the concept of control, and the question of whether municipalities qualified as “nationals”

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Discontinuance order in Uniper v. Netherlands surfaces, revealing that the tribunal rejected request for costs, finding no support for general rule that respondent should not bear the cost of withdrawn claims

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Law Commission of England and Wales invites further comments on reform of 1996 Arbitration Act, touching on law applicable to the arbitration agreement, review of awards due to lack of jurisdiction, and discrimination in arbitrator appointment

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Lithuania’s domestic court action against Veolia remains alive, as the state’s Supreme Court finds that the state has standing to bring BIT (counter)claim

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Investor fails to convince BIT tribunal to rule on damages years after award on liability was issued; Dutch court finds that dormant tribunal was not functus officio, but sees no reasons to set aside arbitrators’ decision

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Looking Back: In Bayindir v. Pakistan jurisdictional decision, ICSID tribunal grappled with notification requirement, definition of investment, and the distinction between contract claims and treaty claims; request to stay treaty arbitration during pendency of parallel contract arbitration was dismissed

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In non-disputing party submission filed in NAFTA legacy dispute, the USA opines that the claimants bear the burden of proof on jurisdiction, and submits that police powers doctrine does not include an element of proportionality

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Ukraine Round-Up: A pair of ISDS-related Supreme Court decisions, a series of wartime property seizures affecting previous ISDS users, a potential war reparations mechanism, and other recent developments

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In non-disputing party submission, USA contends that arbitral practice regarding “autonomous” FET standard is irrelevant when interpreting US-Peru FTA

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Claimants in Keystone XL Pipeline dispute challenge the USA’s interpretation of NAFTA legacy provision and argue that the respondent is trying to “game the system”

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Uncovered: Rasia v. Armenia tribunal finds that contractual claims are time-barred and sees no BIT breach on the merits; umbrella clause requires contractual privity, while tribunal finds that non-monetary expenditures satisfy contribution requirement

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ICSID tribunal (partially) grants European Commission’s request to intervene in intra-EU arbitration against Germany

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[Updated] Analysis: MOL v. Croatia tribunal applies high standard of proof to corruption allegations, finding that Croatia failed to prove bribery of former Prime Minister; tribunal strongly rejects intra-EU objection, criticizing the CJEU’s Komstroy Judgment

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Analysis: Allegations of Odebrecht-related corruption fail for second time in Lima highway concession dispute, despite tribunal applying flexible evidentiary standard; dissenter thought that corruption case was sufficiently made

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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

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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

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Balkans Round-Up: New cases involving Greece, Bosnia and Slovenia surface, an ECHR decision, and other developments in the region

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Analysis: Reasons for dismissal of Albania’s challenge against Charles Poncet surface; co-arbitrators grapple with “questions of first impression” arising from partial reconstitution of original tribunal in the context of ICSID revision proceedings

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

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Analysis: Svea Court of Appeal declines Oleg Deripaska’s attempt to set aside unfavourable award in dispute with Montenegro, seeing no general rule of automatic succession to BITs

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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

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Under-the-radar intra-EU arbitration against Poland surfaces, as Dutch court refuses to enjoin claimant from pursuing arbitration; judge highlights uncertainties over consequences of Achmea Decision

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Analysis: Dutch Advocate General deems that award declining jurisdiction is in principle reviewable by Dutch courts, but in a more limited fashion than a decision upholding jurisdiction

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

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Reasons surface for ICSID tribunal’s decision to recommend some (but reject other) provisional measures in Georgia telecoms dispute

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

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Eastern European state is looking to hire counsel to defend against new $60+ million Energy Charter Treaty claim

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Georgia Round-Up: A claimed victory, several under-the-radar arbitrations, and billions of USD in financial exposure hanging over the state due to ongoing investor-state arbitrations

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Balkans Round-Up: Outcome of a politically sensitive arbitration comes to light, termination of intra-EU BITs, new decisions, and Serbia changes FOI law with arbitration in mind

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