Revealed: UNCITRAL tribunal in Asael Halevi v. Czech Republic dismisses expropriation claim based on lack of valid ownership title over disputed land; claimant’s FET and FPS claims are also rejected

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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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[Updated] Spain discloses intention to bring intra-EU arbitration question before US Supreme Court; DC judges reach opposing conclusions on extension of stay of enforcement proceedings

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Revealed: UNCITRAL tribunal hearing mining dispute with Bolivia sees no prohibition against claims by dual nationals or need to prove denial of justice to establish judicial expropriation, but claims ultimately fail on the merits

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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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[Updated] Twin tribunals hearing treaty arbitrations against Romania stemming from decades-old cinematographic venture decline jurisdiction over one investor’s claim based on cultural industries exception, while allowing part of second claimant’s case to proceed to the next stage

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Tribunal majority orders Mexico to provide “full description” of methodology used for production of USMCA negotiation documents in NAFTA legacy mining arbitration

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US appeals court dismisses Spain’s request for en banc rehearing of sovereign immunity and forum non conveniens questions in dispute over enforcement of trio of intra-EU ECT awards

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Malaysian state-owned company files §1782 applications before US courts to secure evidence in relation to prospective claims against individuals and companies involved in Sulu Heirs v. Malaysia arbitration

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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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In Abdallah Andraous v. Netherlands, parties disagree on applicability of dominant and effective nationality test, classification of share acquisition in exchange for professional services as protected investment, and treaty protection of salary and pension claims

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Disappointed claimants seek US discovery in support of bid to set aside NAFTA award that favoured Mexico, claiming their tribunal appointee failed to disclose pro-state bias

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Trove of procedural orders from NAFTA arbitration is released, revealing tribunal’s decisions on document production, standing to claim on behalf of deceased individual, and alleged breach of confidentiality order

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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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German court declines to enforce costs award in favor of Czech Republic due to intra-EU nature of underlying treaty dispute

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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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EU submits supplementary counter-memorial in Nord Stream 2 arbitration, stressing impact of Russia’s invasion of Ukraine on the project, and objecting to relevance of CJEU decision relied on by the claimant

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Analysis: UNCITRAL tribunal hearing oil rig dispute with Mexico adopts dominant and effective nationality test, and finds that claimants cannot pursue reflective losses under NAFTA Article 1116

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NAFTA consolidation tribunal dismisses claimant’s objection that it was constituted in an untimely fashion and allows claims to proceed to the next stage

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Paris Court of Appeal changes its mind with respect to intervention of CC/Devas’s assignees in proceedings for enforcement of treaty award against India

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Analysis: Double set-back for intra-EU awards, as German Constitutional Court dismisses as inadmissible Achmea’s challenge against German Supreme Court’s set-aside of intra-EU Achmea v. Slovakia award (finding that CJEU ruling was not ultra vires), and challenge against Germany’s ratification of agreement terminating intra-EU BITs is also rejected

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Analysis: UNCITRAL tribunal hearing treaty arbitration stemming from refusal to grant environmental permits for mining activities rules that relevance and materiality of expert report relate to the merits, not admissibility

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Québec court lifts attachment of assets belonging to India’s Airports Authority in long-running CC/Devas v. India (1) dispute, finding that the agency benefits from sovereign immunity

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Analysis: In Westmoreland v. Canada (2), Mexico opines on scope of NAFTA legacy protection and other prerequisites to arbitration, while the United States comments on relationship between NAFTA’s provisions on direct and indirect claims

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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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Analysis: At post-hearing stage, UNCITRAL tribunal hearing long-running arbitration dispute with Peru admits new evidence related to questions previously posed and allows introduction of new arguments

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Analysis: Unpacking the DC Circuit Court’s finding that US courts have jurisdiction to hear bids to enforce intra-EU ECT awards against Spain, but cannot issue anti-anti-enforcement injunctions

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Breaking: Appeals judges find that US courts have jurisdiction to enforce intra-EU UNCITRAL and ICSID awards issued under ECT, deciding that FSIA’s arbitration exception applies; but majority judges frown upon issuance of anti-anti-enforcement injunctions

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Analysis: In Phase II Award, tribunal majority in Ecuador TLC v. Ecuador (2) rules on relevance of past award between the parties based on UNCITRAL Arbitration Rules and own-acts doctrine

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Analysis: In Partial Award, UNCITRAL tribunal in Ecuador TLC v. Ecuador (2) deals with assignment of rights and limits of res judicata doctrine, allowing the claim to proceed to the next stage

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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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Russian businessman lodges first known treaty arbitration against Luxembourg, alleging that EU sanctions amount to “witch-hunt” against wealthy Russian individuals and asking for upwards of 16 billion USD in damages

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Analysis: In APMCA v. USA, arbitrators find that bifurcating proceedings to hear respondent’s arguments regarding ratione temporis scope of NAFTA/USMCA transition provisions and ratione materiae objections best serves procedural fairness and efficiency

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Analysis: UK court rejects outstanding jurisdictional challenges to Diag Human v. Czech Republic award, finds that business operation as a whole constituted an investment and that Diag held Swiss nationality by virtue of Swiss national’s de facto control

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[Updated] Analysis: Divided DC circuit finds that petition to enforce UNCITRAL award falls under FSIA’s arbitration exception, affirming that treaty awards are not excluded by commercial activities reservation to New York Convention and New York Convention applies to arbitral awards concerning sovereign acts

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Divided DC circuit affirms enforcement of arbitral award against Nigeria, finding that New York Convention covers arbitrations arising out of sovereign acts and that investment treaty arbitration qualifies as “commercial” for purposes of sovereign immunity exception

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UK court declines to set aside award against South Korea, finding that state’s objections do not pertain to tribunal’s “substantive jurisdiction” and so are not entitled to de novo review under the English Arbitration Act

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Analysis: Contractor is awarded damages under airport security contract with Afghanistan’s Civil Aviation Authority; Afghan agency struggles to find counsel, participate in arbitration

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[Updated] Hogan Lovells lodges US court proceedings against Afghanistan, revealing arbitration award in dispute over payment of fees of representation; sole arbitrator examined issues of succession of governments and unjust enrichment

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Paris Court of Appeal declines rectification request inviting it to limit scope of its earlier decision to partially set aside award in Serafin Garcia Armas v. Venezuela

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Dutch court upholds jurisdiction over Spain’s request for anti-enforcement injunction directed against intra-EU ECT award, finding that New York Convention does not apply to question of incompatibility of arbitral award with EU state aid rules

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