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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[Updated with analysis] Amsterdam Court of Appeals rejects Russia’s latest bid to set aside 50 billion USD Yukos shareholders awards

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Uncovered: Tribunal in Grand Express v. Belarus declares claims inadmissible after finding that claimant defrauded its Belarusian partner and sent falsified documents to Eurasian Development Bank

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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: International Court of Justice upholds jurisdiction over claim for declaration that Russia wrongly accused Ukraine of genocide, but sees no ground to adjudicate Russia’s invasion of Ukraine under Genocide Convention

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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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Appointing authority dismisses Russia’s challenges to Pierre-Marie Dupuy and Vaclav Mikulka in two Crimea arbitrations

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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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Kyrgyzstan claims victory in heretofore undisclosed investment arbitration brought by Kazakh state-owned company

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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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Yukos shareholders cannot compel Russia’s counsel to hand over allegedly-privileged documents

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Revealed: Russia succeeds in disqualifying two arbitrators in ongoing and heretofore-confidential Crimea arbitration

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Analysis: Co-arbitrators uphold challenge against Rolf Knieper over his concurrent appointments as expert for Turkmenistan in two pending cases

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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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Ukraine’s Naftogaz reportedly obtains recognition of 4.2+ billion USD award against Russia

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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: UNCITRAL tribunal in DTEK Krymenergo v. Russia upholds jurisdiction over claim for expropriation of Crimean assets, rejects corruption allegations, and awards 200+ million USD to the Ukrainian investor

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[Updated with Award and Separate Opinion] DTEK v. Russia Crimea arbitration concludes with 267 million USD award in favor of Ukrainian claimant

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UK High Court finds that Russia is precluded from relitigating arbitration tribunal’s jurisdiction in support of immunity defence against enforcement

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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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[Updated] Dutch Advocate General supports attachment of Russian assets by Yukos shareholders

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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: Contract-based tribunal hearing hydroelectricity dispute between Russian and Ecuadorean state-owned entities finds that contract was wrongfully terminated and awards damages to Inter Rao

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Nord Stream 2 is ordered to post security for costs in UNCITRAL/ECT arbitration against the EU; tribunal declines to terminate the proceedings

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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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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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Analysis: Naftogaz tribunal majority finds that all investments fall within the temporal scope of the Ukraine-Russia BIT, and orders Russia to pay 4.2 billion USD on account of an expropriation of the claimant’s Crimean assets

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Awards in Naftogaz v. Russia surface in the context of US enforcement proceedings, after tribunal agrees to correction of clerical errors

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[Updated with Award] Revealed: Tribunal rejects telecom claims against Turkmenistan on the merits, finding that state authorities had full discretion not to renew framework agreement

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Ontario’s Court of Appeal finds that judges can admit new evidence in set-aside proceedings directed against treaty-based jurisdictional award

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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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Gazprom Round-Up: New arbitration claims by Italian oil major Eni and Czech Net4Gas, hearing dates, and other developments in pending cases against the Russian gas giant

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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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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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Claimants in ICSID case involving Ukrainian oligarchs reply to the USA’s attempt to dismiss case for manifest lack of legal merit, arguing that complex issues cannot be addressed in the context of the expedited procedure set out in Rule 41(5)

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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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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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Looking Back: ICSID tribunal in Azpetrol v. Azerbaijan decided that e-mail exchange qualified as binding settlement agreement, and dismissed the case after finding that there was no dispute left to be resolved

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Navigating Russia-Ukraine war sanctions regime, SCC tribunal hearing dispute with Rosneft subsidiary decides to continue the arbitration and proceeds to issue an award; Russian court responds with anti-arbitration injunction

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Nagorno-Karabakh dispute between Armenia and Azerbaijan – which has given rise to investor-state arbitration threats – sees provisional measures orders from the International Court of Justice

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Analysis: European Court of Human Rights finds that Russia has effective control over Eastern Ukrainian territories, and upholds jurisdiction over claims by Ukraine and Netherlands against Russia

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