[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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Analysis: Tribunal in Natland v. Czech Republic awards damages based on hypothetical European Commission decision regarding compatibility of Czech solar incentives scheme with EU state aid rules

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USA files amicus curiae submission before US appeals court, supporting Spain’s attempts to reverse anti-anti-enforcement injunction and review intra-EU argument at enforcement stage

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

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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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Tribunal majority orders claimant to provide security for costs in rare earth minerals arbitration against Greenland and Denmark; dissenter fails to see any exceptional circumstances warranting the measure

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Analysis: German Supreme Court confirms enforcement of Deutsche Telekom v. India award, stressing that extra-EU BIT arbitration is compatible with EU law

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Analysis: In Worley Parsons v. Ecuador, arbitrators decline jurisdiction due to illegality and bad faith during making of investment; tribunal splits on whether illegality during investment’s operation pertains to admissibility or merits

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

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Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court

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Spanish civil and criminal court proceedings stemming from Heirs of the Sultan of Sulu v. Malaysia arbitration see new developments, as various actors accuse each other of wrongdoings

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[Updated] Libya’s Investment Authority lodges BIT arbitration against Belgium in row over frozen funds, while attachment of its assets is lifted in France

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Analysis: In Glencore v. Bolivia, UNCITRAL tribunal dismisses illegality and abuse of process objections, declines to apply active act of investing requirement, and awards 253 million USD on account of unlawful expropriation of mining assets

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Analysis: Dutch Advocate General recommends upholding Chevron liability award, finding that it is not materially impossible or disproportionate for Ecuador to prevent enforcement of Lago Agrio judgment; Supreme Court follows suit

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US court dismisses Russia’s sovereign immunity defence and confirms subject matter jurisdiction for enforcement of 50 billion USD Yukos award

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UNCITRAL award against Bolivia surfaces, shedding light on reasoning behind 253 million USD ruling in favour of Glencore; tribunal issues decision on interpretation and correction

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Analysis: Blog post and comments against request for disqualification led to removal of Fernandez Rozas from UNCITRAL tribunal in Santamarta v. Venezuela

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Australian court grants India leave to appeal decision that rejected the state’s sovereign immunity defence in CC/Devas v. India enforcement proceedings

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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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Paris Court of Appeal partially sets aside Serafin García Armas v. Venezuela UNCITRAL award, insofar as compensation for security deposits was related to tax fraud established in Chilean courts; remainder of damages award and revision decision are upheld

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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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Analysis: Dutch court dismisses India’s application to set aside CC/Devas v. India quantum award, finding that res judicata effect of previous Dutch court decision addressing fraud allegations prevents India from relying on Indian Supreme Court judgment

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Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits

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Analysis: UNCITRAL tribunal finds that narrow environmental emergency does not fall under “national security interests” exception; takeover of landfill operation is found to breach MST and expropriation provision

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UK Court of Appeal confirms illegality of contingency arrangement for representation in investment arbitration; investor is entitled to recover over 1.5 million USD in legal fees

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

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Dual national lodges human rights claim against the Netherlands, challenging asymmetry between set-aside standards for treaty awards that uphold jurisdiction and treaty awards that decline jurisdiction based on the absence of a valid arbitration agreement

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Paris court upholds partial award in billion-dollar thermal power dispute with Vietnam, seeing no reason to prohibit claims by dual nationals against one of their home states under the US-Vietnam Trade Agreement

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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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[Updated with Dissenting Opinion] Revealed: On jurisdiction, WCV v. Czech Republic tribunal split on meaning of “permanent seat”, admissibility of claims stemming from round-trip investments, and intra-EU objection

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Canada raises jurisdictional objections against USMCA/NAFTA claim by coal mining company in long-running dispute over environmental measures

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Analysis: UNCITRAL tribunal issues provisional measures order, prompting an arbitrator challenge, criminal proceedings, and threats of a treaty claim

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UNCITRAL Secretariat publishes updated Draft Provisions on procedural and cross-cutting issues for consideration by Working Group III; Draft Provisions include denial of benefits for abuse of process, rules on transparency and third-party funding, and limitations to the total damages that may be awarded

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