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dealt with one additional claim and opted against awarding compound interest; related ICSID award and dissent remain unpublished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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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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Spain round-up: new decisions are rendered in renewables cases and yet another investor claim is filed

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Analysis: a full run-down of the Svea Court of Appeal’s reasoning in the recent PL Holdings v. Poland set-aside decision

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Breaking: Svea Court of Appeal upholds (most of) intra-EU award against Poland, finding that state’s Achmea-related objections are time-barred

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Litigation funder-backed investor tries to enforce award against Russian state-owned entity; underlying award comes to light as a result of enforcement effort

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Hungarian state-owned investor, MOL, intervenes in court in support of another investor seeking to enforce an intra-EU ECT award against Spain; MOL insists that ECT remains viable for intra-EU disputes – as it waits for award in its own case

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BREAKING: EU Member States announce scheme to terminate all intra-EU BITs and warn investor community to not initiate new claims – but views differ with respect to whether Achmea decision applies to Energy Charter Treaty

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In now-public Energy Charter Treaty award (Greentech v Italy), Park-chaired tribunal finds that Achmea ruling does not preclude tribunal’s jurisdiction, but Sacerdoti dissents on liability

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An overview of our reporting from September-December 2018

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Tribunal chaired by William W. Park finds Italy liable for breach of Energy Charter Treaty; first loss for Italy in its string of renewables cases

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In an apparent first, an arbitrator is disqualified from tribunal after state objects to his serving as counsel to investor in parallel case where jurisdiction over intra-EU claims was at issue

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In newly-uncovered award in Tomasz Czescik and Robert Aleksandrowicz v. Cyprus, Derains-chaired tribunal sees no expropriation arising from government’s financial crisis response

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Analysis: arbitrators in Greentech v. Spain award agree that Achmea ruling is not relevant to their jurisdiction, but ultimately disagree whether Spain is liable for breach of Energy Charter Treaty

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ANALYSIS: now that first EU court has set aside an intra-EU BIT award due to Achmea ruling, we look at the fate of three other awards

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Ukrainians seeking to enforce BIT award against Russia secure the freezing of Russian assets in Ukraine; Russians respond with their own BIT warning to Ukraine

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Stati and Ascom v. Kazakhstan: UK appeals court allows claimants to avoid fraud trial, after they decide to abandon enforcement efforts in that jurisdiction

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