US court rules that Italy’s sovereign immunity claim is “colorable” in US enforcement proceedings related to duo of annulled intra-EU/ECT awards against Italy; briefing schedule is bifurcated

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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 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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Revealed: SCC emergency arbitrator hearing sanctions-related dispute with Poland finds that claimants do not meet prima facie threshold to establish qualifying investment under intra-EU BIT, but side-steps sunset clause issue

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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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Analysis: UNCITRAL tribunal finds that local court decisions are not res judicata when ruling on Ghana’s compliance with domestic law; contract breach does not result in damages as no losses have been realised

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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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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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Svea Court of Appeal sets aside entire ECT award favoring Poland on intra-EU grounds, despite non-EU nationality of one of the claimants

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Analysis: Contract-based tribunal hearing dispute over city of Vilnius’ heating network finds that it cannot rely on unauthenticated evidence of corruption; both parties are awarded damages, but city comes out ahead

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SCC arbitration pitting Veolia against Municipality of Vilnius concludes with award that dismisses respondents’ allegations of corruption; tribunal upholds some claims and counterclaims

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Analysis: SCC tribunal finds that Poland’s lack of compliance with rulings of Polish domestic courts breached the ECT’s effective means standard

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Uncovered: SCC tribunal hearing under-the-radar ECT claim against Poland upholds jurisdiction over intra-EU dispute and finds breach of effective means standard

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Analysis: SCC tribunal in Triodos v. Spain upholds ECT claim for breach of legitimate expectations in intra-EU dispute over photovoltaic tariffs

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Uncovered: SCC tribunal upholds jurisdiction and finds Spain liable for ECT breach in intra-EU dispute

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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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Swedish Supreme Court sets aside PL Holdings v. Poland intra-EU award, relying on the CJEU’s assessment of the case to ground a breach of public policy

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Svea Court of Appeal sets aside intra-EU award against Spain, on grounds of non-arbitrability

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

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

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Finland’s state-owned energy company announces plan to pursue arbitration over Gazprom’s request that payments for Russian gas shall be made in rubles; Ukraine’s Naftogaz also mulls arbitration claim

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CIS Round-Up: A new award is uncovered, two Supreme Court decisions, a failed set-aside bid, and other arbitration-related developments

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Vilnius court decides that the courts of the respondents’ domicile have jurisdiction over claims based on the Plurilateral Termination Agreement – once again throwing out Lithuania’s attempt to seek damages from investors involved in parallel ICSID and SCC arbitrations

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SCC and ICSID tribunals are in place, as first publicly known renewable energy arbitrations against Ukraine kick off

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[Updated] Poland Round-Up: Adoption of media law could give rise to treaty arbitration, a helicopter dispute is settled, and a tribunal is reconstituted

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Svea Court of Appeal rescinds request for a preliminary ruling from the European Court of Justice in light of the European court’s Komstroy and PL Holdings decisions

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Belgian appeals court finds that Stati v. Kazakhstan award was procured through fraud

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Western Africa Round-Up: An update on arbitration-related developments involving the Democratic Republic of Congo, the Republic of Congo, Ghana and Mali

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CJEU decides that an ad hoc arbitration agreement identical to the investor-state arbitration clause of an intra-EU treaty is incompatible with EU law

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Uncovered: Redacted partial award in contract-based Georgian electricity tariff dispute reveals tribunal’s approach to interpreting public law contracts, and suggests that a counterclaim was upheld

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Revealed: Tribunal in VEB v. Ukraine upholds jurisdiction over Russian state-owned claimant, but declines to import more favourable standards of treatment through the underlying treaty’s MFN clause

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Bid to collect on controversial +$500 million award leads to threat of a new Energy Charter Treaty arbitration

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[Updated with Awards] Revealed: Decade-old awards reveal that Tercier-chaired tribunal upheld jurisdiction over a round-trip investment under the ECT, but ultimately dismissed claims for harassment and discrimination on the merits

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Uncovered: Littop v. Ukraine ECT tribunal recognizes “unclean hands” principle and declines jurisdiction over 6 billion USD case after finding that the investment was tainted by corruption; denial of benefits objection is also upheld

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Ukraine is facing its first renewables arbitration; respondent’s counsel may be chosen through negotiated procedure

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CJEU Advocate General opines that individual intra-EU investor-state arbitration agreements are only valid if domestic courts are able to carry out a “comprehensive review” of the resulting award

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Looking Back: In Amto v. Ukraine, arbitrators discussed denial of benefits under the ECT, and found that failure by state-owned company to pay outstanding debt did not give rise to a treaty breach

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Analysis: Tribunal in FREIF v. Spain relies on the claimant’s own due diligence to determine that the investor could not legitimately expect a fixed return

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Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings

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2020 was a record year for cases filed under the ICSID Convention; but ICSID’s market-share of treaty-based cases may be distorted due to confidentiality of data regarding non-ICSID cases

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CIS round-up: An update on arbitration cases against Ukraine, Kazakhstan, Belarus and Azerbaijan

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Looking Back: Tribunal majority in Berschader v. Russia declined jurisdiction over indirect investments and refused to extend MFN clause to dispute settlement

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Revealed: Reasons surface why SCC emergency arbitrator ordered Moldova to refrain from cancelling airport concession contract

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Chisinau airport dispute gives rise to a second SCC emergency decision; three are in place to hear the main arbitration claim

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[Updated] Invoking the EU Termination Agreement, Lithuania files claims against Veolia before local courts

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[Updated] Billion-dollar airport arbitration against Moldova takes off quietly at the SCC; emergency arbitration award has already been handed down

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Kazakhstan defeats enforcement of Stati/Ascom award against Central Bank assets – but award remains standing despite fraud allegations

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Revealed: In Griffin Group v. Poland, Kaufmann-Kohler-chaired tribunal rejects Poland’s intra-EU objection, but the investor’s expropriation and FET claims fail on the merits

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CIS Round-up: An update on arbitration cases against Armenia, Georgia, Kyrgyzstan, Turkmenistan, Ukraine, and Uzbekistan

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Swedish court rejects Spain’s second request for a preliminary ruling on the validity of intra-EU ECT arbitration, and allows the EC to intervene in set-aside proceedings

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Breaking: EU member states sign plurilateral treaty to terminate intra-EU BITs

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Looking Back: In its first known BIT case, Moldova defeated an indirect expropriation claim, as the UNCITRAL tribunal hearing the dispute weighed in on the state’s right to regulate

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CIS Round-up: A discontinuation, a provisional-measures ruling, a new case, and Russia enters the fray

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Spain succeeds in disqualifying arbitrator Kaj Hober in Energy Charter Treaty arbitration

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BIT claim is reportedly filed against Ukraine by State-owned Russian development bank whose Ukrainian assets have been caught up in enforcement of BIT awards against Russia

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ANALYSIS: Intra-EU awards piling up on Stockholm court docket, with three ECT awards added in recent months, and new demands by Spain and Italy for reference to European Court of Justice

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Looking Back: In first award rendered in an Energy Charter Treaty arbitration, Nykomb v. Latvia tribunal found discrimination when state-owned electricity firm granted higher tariffs to locally-owned producers

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In newly-disclosed Energy Charter Treaty award, Italy loses CEF Energia case; majority finds breach of fair and equitable treatment standard in intra-EU solar case

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Kyrgyzstan round-up: new tribunals, new disputes, and updates on multiple longer-running matters

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Setback for Spain, as judge refuses to consult European Court of Justice on question of Energy Charter Treaty’s applicability within the EU

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Sweden’s Supreme Court agrees to review Achmea-related effort to set aside BIT award, and to stay its enforcement in interim

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