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Analysis: In Littop v. Ukraine, Svea Court of Appeal finds that denial of benefits objection does not pertain to jurisdiction, rejects idea of implicit legality requirement, and finds that Salini test applies to ECT; judges decline to set aside award and order investors to pay costs
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Svea Court of Appeal upholds Littop v. Ukraine tribunal’s decision to decline jurisdiction, albeit on grounds that differ from arbitrators’ reasoning; Ukraine’s request for arbitration costs is also granted
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Long-running ICSID case against Kazakhstan concludes with award and dissenting opinion under wraps
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Analysis: ICSID tribunal declines to order provisional measures against Azerbaijan, seeing no direct effect of travel bans and asset freezes on the conduct of the arbitration
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Analysis: Russian court releases reasons for issuing anti-arbitration injunctions against pair of German state-owned banks, blaming EU sanctions for unenforceability of ICC arbitration clauses
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Gazprom Round-Up: Russia’s highest court declines to consider OMV companies’ appeals against anti-arbitration injunctions, another Russian court refuses to give effect to SCC arbitration clause, and other arbitration-related developments involving the state-owned Russian gas magnate
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Russian court grants anti-arbitration injunction against German bank, threatening 270-million-EUR penalty in case of breach
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Revealed: In Rasia v. Armenia, ad hoc committee sees no ground for annulment in tribunal’s interpretation of Armenian statutory limitation provisions that barred applicants’ contractual and umbrella clause claims
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CIS Round-Up: Updates in arbitration-related Russian court proceedings, EU bans recognition and enforcement of Russian anti-arbitration and anti-suit injunctions, while Kyrgyzstan proposes amendments to allow set-aside of arbitral awards
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Gabrielle Kaufmann-Kohler is appointed as chair in UNCITRAL arbitration against Kazakhstan over alleged harassment campaign
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Revealed: PCA Secretary-General rejects set of challenges against Brigitte Stern in contentious arbitration against Kazakhstan, after previous appointing authority that dismissed claimant’s objections against Ms. Stern’s nomination resigns
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Analysis: Russian courts grant anti-arbitration injunction against German bank despite absence of pending arbitration proceedings, under threat of 250-million-EUR penalty
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State-controlled company announces settlement of arbitration stemming from Kazakh gas dispute
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[Updated] Dutch court declines to assist Linde’s local subsidiary in fighting claims by Gazprom affiliate
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Analysis: On remand, Russian court grants anti-arbitration injunction with threat of billion-euro monetary fines in case of infringement, reversing previous decision
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Moldova weighs arbitration claim against Gazprom
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Analysis: Russian court finds that ICC arbitration agreement between German bank and Gazprom-affiliate is unenforceable and allows for immediate execution of anti-arbitration, anti-suit, and anti-enforcement injunctions
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Sanctioned Russian national lodges Russian court proceedings, alleging breaches of Norway-Russia BIT; Russian court finds that principle of reciprocity may limit Norway’s immunity from jurisdiction
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Enforcement of Crimean petrol stations award against Russia will go forward in the USA, despite pending proceedings in unrelated cases
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Swedish court seeks CJEU preliminary ruling on interpretation of sanctions regulation that banned claims originating from Russian nationals
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Swedish court hearing Kyrgyzstan’s set-aside bid in e-passport dispute with Lithuanian investor declines to issue security for costs order against the state
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Kyrgyz investor files high-stakes treaty arbitration against Kazakhstan over alleged harassment campaign
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Gazprom affiliate secures 95-million-EUR anti-arbitration, anti-suit, and anti-enforcement injunctions against Commerzbank
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Analysis: Dutch Supreme Court confirms treaty awards against Russia in Privatbank, Naftogaz, and Aeroport Belbek arbitrations; set-aside and revocation claims against Everest Estate awards are remanded to Amsterdam Courts of Appeal on limited matters of evidence and admissibility
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Dutch Supreme Court confirms treaty awards stemming from trio of Crimea-related arbitrations against Russia; fourth case is remanded to the Court of Appeal
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UK High Court agrees to rule on jurisdiction of sole arbitrator in LCIA arbitration brought by sanctioned Russian state corporation against British bank
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[Updated] European Court dismisses Nord Stream 2’s request to annul EU Directive at stake in pending ECT arbitration
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CIS Round-Up: A new award, the settlement of an ICC arbitration, developments in arbitration-related Russian court proceedings, and other updates in arbitrations involving countries of the region
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Russia’s Rosatom fails to overturn partial award in nuclear power plant dispute with Finnish state-owned company
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[Updated] Following storming of Parliament, contested territory of Abkhazia decides that it won’t ratify investment treaty with Russia
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Analysis: UNCITRAL tribunal agrees to suspend proceedings in view of Belarussian state-owned claimant’s struggle to meet advance on costs due to international sanctions
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[Updated] Ukraine claims victory in chocolate factory arbitration under Russia-Ukraine investment treaty
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Analysis: ICJ upholds Armenia’s objections to jurisdiction rationibus temporis et materiae against part of Azerbaijan’s racial discrimination claims, while allowing claims pertaining to the deployment of landmines and booby traps to proceed to the merits
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Analysis: ICJ rejects Azerbaijan’s preliminary objections in CERD dispute initiated by Armenia, finding that negotiations aimed at settling the dispute became futile and that Azerbaijan’s allegedly racially motivated acts, if proven, are capable of falling under CERD; dissenting judges would have dismissed Armenia’s claims for lack of jurisdiction
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Subsidiary of Russian partially state-owned transport and logistic operator at the centre of controversial takeover secures 1.8 billion USD LCIA award against company controlled by former Russian oligarch
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ICSID arbitrators comings and goings: Three are in place to hear gas distribution dispute with Peru, and two tribunals are reconstituted
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[Updated] OMV announces 230-million-EUR win in under-the-radar gas supply arbitration against Russia’s Gazprom Export
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ICJ upholds jurisdiction over Armenia’s claims against Azerbaijan under CERD; parallel case initiated by Azerbaijan against Armenia sees partial setback, but bulk of discrimination claims will be heard on the merits
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Gazprom Round-Up: Hungary shields Gazprom from enforcement, member of Gazprom Group lodges 810-million-EUR claim against Linde, German companies turn to Russia’s highest court over 14.3-billion-EUR anti-arbitration injunction, and other arbitration-related updates involving the Russian state-owned gas company
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Svea Court of Appeal rejects Ukraine’s bid for set-aside of jurisdictional award in VEB v. Ukraine, finding no evidence that BIT excludes state bodies from its definition of “investor”
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[Updated] Kyrgyzstan agrees to settle long-running dispute over enforcement of 2009 hotel investment award
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Analysis: Russian court holds Linde companies jointly and severally liable for obligations to Gazprom affiliate, finding that EU sectorial sanctions impair Russian company’s access to justice and its right to recover advance payments
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The Hague Court of Appeal dismisses Russia’s challenge to court fees for set-aside proceedings in Naftogaz v. Russia dispute
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Analysis: Russian court confirms exclusive jurisdiction over dispute involving sanctioned Gazprom affiliate and German bank, finding that ability of Russian company to secure protection in foreign-seated proceedings is “substantially limited”
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Ukraine’s Naftogaz freezes Russian state-owned assets in Finland to enforce UNCITRAL award that found unlawful expropriation of assets in Crimea
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State-owned Ukrainian titanium producer reportedly secures dismissal of eight arbitration cases
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Russia’s Prosecutor-General institutes court proceedings against Shell companies, reportedly seeking 1 billion EUR in damages
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Ukrhydroenergo cancels tender for legal services related to planned BIT claim against Russia
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Gazprom Round-Up: Russia’s highest court declines to hear Czech company’s appeal against anti-arbitration injunction, Prosecutor-General intervenes in Russian court proceedings lodged against Polish state-owned companies, and other arbitration-related updates involving the Russian state-owned gas company
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CIS Round-Up: Updates on arbitration-related court proceedings, new developments regarding international sanctions, and other news involving countries of the region
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SCC arbitration against Ukraine resumes; tribunal is now in place
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Germany’s Wintershall lodges duo of treaty arbitrations against Russia
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Dutch financial company puts Ukraine on notice of treaty dispute over nationalisation of Sense Bank
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Uncovered: SIAC tribunal hearing dispute with Vietnamese state-owned entity finds that US sanctions do not constitute a force majeure event, but awards sanctioned Russian party 500+ million USD in compensation for termination of thermal power plant contract
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Carolyn Lamm resigns from ICSID tribunal hearing real estate arbitration against Azerbaijan
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Analysis: UK Supreme Court confirms that general choice-of-law clause in UniCredit v. RusChemAlliance dispute applies to arbitration agreement between the parties, and UK judges have authority to issue anti-suit injunction to protect Paris-seated arbitration
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UK Supreme Court publishes reasons for upholding Court of Appeal’s authority to issue anti-suit injunction directed against Russian court proceedings in RusChemAlliance v. UniCredit case
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[Updated] Gabrielle Kaufmann-Kohler is tapped to chair multi-billion-euro dispute pitting Belarussian state-owned entity against Lithuania
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Net4Gas announces win in arbitration claim against Gazprom
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Russian court confirms 575-million-EUR anti-arbitration injunction against OMV gas trading company
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Ukraine’s state-owned railway company publishes call for offers to represent it domestically and abroad, including in Swiss court proceedings and Polish arbitral proceedings
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Dutch court dismisses Gazprom’s argument that attachment of its shares in Wintershall affiliate violates Netherlands-USSR BIT
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CIS Round-Up: Russia’s Supreme Court refuses to enforce award issued by London-seated tribunal, another Russian court gives effect to LCIA arbitration clause, and Ukraine’s Defense Ministry claims victory in military equipment arbitration
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Russian airline lodges sanctions-related treaty arbitration against Canada
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Russia successfully challenges claimant’s appointee in UNCITRAL treaty arbitration
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Gazprom Round-Up: Reasons are published for latest anti-arbitration injunctions against European companies, new interim measures in the Linde-RCA legal saga, and other arbitration-related updates involving the Russian state-owned gas company
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Revealed: UNCITRAL tribunal in Ukrenergo v. Russia finds that dispute falls within territorial scope of Russia-Ukraine BIT and sees no cross-border requirement at time when investment was made, joining other preliminary objections to the merits
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Sanctioned Luxembourg-based company lodges treaty claim against Ukraine
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Ukraine’s state-owned hydro energy company publishes call for offers to represent it in treaty arbitration against Russia
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UNCITRAL tribunal in Ukrenergo v. Russia issues Award on Jurisdiction, rejecting several preliminary objections under the Russia-Ukraine BIT
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Revealed: ICC tribunal is in place to hear dispute between Romania’s state-owned gas company and Gazprom Export
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Renewable energy arbitration against Ukraine is discontinued
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[Updated] Kazakhstan and Stati parties agree to settle long-running dispute that triggered world-wide enforcement and criminal proceedings
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[Updated with Decision] ICSID dismisses request for disqualification of Ukraine’s appointee in banking dispute
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Award in gas supply arbitration with Gazprom Export surfaces, as Finland’s state-owned Gasum seeks partial set-aside before Swedish courts
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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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Cavinder Bull tapped to hear claims against Belarus
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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: European Court of Human Rights looks at international humanitarian law to rule on Russia’s conduct in Crimea, finding breach of fair trial guarantees, large-scale expropriations, and discriminatory conduct
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European Court of Human Rights finds Russia liable for administrative practice of human rights violations in Crimea, including through large-scale expropriations
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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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Uniper announces 13-billion-EUR win in arbitration dispute with Gazprom Export
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Russian court enjoins Swiss DXT Commodities from pursuing Geneva-seated ICC arbitration, under threat of 385.4 million EUR fine
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Ukrainian state-owned hydro energy company submits notice of dispute to Russia over destruction of Kakhovka Dam
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Analysis: In Schoenberger v. Tajikistan, tribunal majority declines jurisdiction over “ordinary purchase of goods” transaction
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Ukraine is put on notice of dispute by state-owned Russian bank
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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] Luxembourg-based holding company with Russian shareholders reportedly threatens legal claim against Cyprus
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Paris Court of Appeal declines to hear Russia’s attempt to set aside procedural order that upheld constitution of tribunal in under-the-radar case
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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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Russia enacts decree allowing for seizure of American assets in retribution for potential use of frozen Russian assets to help Ukraine
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Turkish company files ICSID arbitration against Turkmenistan, following expedited dismissal of its parent’s claims
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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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Analysis: UK High Court enjoins Russian state corporation from pursuing Moscow court proceedings and enforcing ensuing judgement
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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] Gazprom Round-Up: An update on arbitration-related developments involving the Russian state-owned gas company
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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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