Analysis: ICSID ad hoc committee in Magyar v. Hungary upheld 7 million EUR award, seeing no ground to annul tribunal’s dismissal of intra-EU objection and valuation of claimants’ losses

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Analysis: In its first decision on enforcement of an ICSID award, Malaysia’s High Court finds that sovereign immunity has no relevance at award recognition stage

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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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Spain files for annulment of award that saw tribunal split on legitimate expectations analysis

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Revealed: Majority of ad hoc committee sees manifest failure to exercise jurisdiction and contradictory reasons in tribunal’s approach to claim on the merits

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ICSID ad hoc committee majority partially annuls Agility v. Iraq award, finding that tribunal failed to exercise jurisdiction and state reasons in dismissing claim on the merits

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Analysis: In now-public decision, ICSID ad hoc committee rejected bid to annul award that dismissed first Highbury v. Venezuela arbitration for lack of proof of ownership over investment

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US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position

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In unprecedented ruling, ICSID ad hoc committee hearing mining dispute with Tanzania dismisses most grounds for annulment for being manifestly without legal merit

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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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French court rules that BIT cases lodged by claimant do not amount to waiver of related contract award against Egyptian state-owned entity; previously undisclosed treaty case comes to light

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UK High Court temporarily upholds registration of ICSID award against Spain, but final ruling is postponed until Court of Appeal’s decision on intra-EU issue

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

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Analysis: ICSID ad hoc committee in Vestey v. Venezuela upheld 98 million USD award, seeing no ground to annul tribunal’s exercise of jurisdiction and finding of claimant’s ownership of land

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Analysis: UK High Court finds that ICSID Convention arbitration in itself is not enough to establish submission or arbitration exceptions to Zimbabwe’s sovereign immunity in UK enforcement proceedings, but immunities are irrelevant at stage of registration of ICSID award

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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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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: ICISD ad hoc committees hearing cross annulment requests in Lone Star v. South Korea continue stay of enforcement, stressing that claimants cannot seek both award’s partial annulment and its enforcement

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Analysis: In recently released Cementos v. Egypt decision, ICSID ad hoc committee dismisses investor’s request for annulment of award that found breach of effective means provision, but declined to award any damages

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Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award

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

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Analysis: Ad hoc committee in Sodexo v. Hungary found that decision on intra-EU objection was tenable and intelligible, while tribunal was entitled not to reopen proceedings to introduce further evidence

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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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Looking Back: ICSID ad hoc committee in CMS v. Argentina found that it had the power to impose conditions on award’s stay of enforcement, but saw no need for security in light of state’s written assurances

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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: 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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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: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions

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[Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties

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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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Analysis: Ontario court finds that arbitrator’s undisclosed discussions with respondent regarding his appointments to CPTPP and USMCA rosters created “reasonable apprehension of bias”, but uses its discretion not to set aside Vento v. Mexico NAFTA award

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Ontario court declines investor’s bid to set aside Vento v. Mexico award, despite finding that claimant had “reasonable apprehension of bias” with respect to respondent’s appointee

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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: UK High Court finds that mega-award against Nigeria should not be allowed to stand, in view of claimant’s dishonesty during the proceedings; judge muses that transparency may help avoid similar cases

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Enforcement of Border Timbers v. Zimbabwe award in the USA is stayed, as US District Court denies motion to certify that Zimbabwe’s appeal against earlier decision on jurisdiction is frivolous

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Analysis: Unpacking reasons why ad hoc committee hearing Bangladeshi gas delivery dispute split on tribunal’s alleged excess of powers, with majority members upholding decision that designation of state-entities can be implicit

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Majority of ICSID ad hoc committee members uphold oil contract award against Bangladeshi state entities; dissenter would have found a manifest excess of powers

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Paris Court of Appeal finds that “sparse and dated” links between arbitrator and appointing party do not suffice to consider that tribunal was improperly constituted

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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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Analysis: US appeals court upholds ICC award between Panama Canal consortium and Panamanian state entity, finding that mere indications of professional familiarity are insufficient to establish arbitrators’ partiality

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UK court reportedly allows creditors of Antin v. Spain award to seize London real estate property

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Analysis: Christopher Greenwood-chaired committee grants investor’s request for partial annulment of Khudyan v. Armenia award, finding that tribunal manifestly exceeded its powers in wrongly holding that key assumption was “common ground” between the parties

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ICSID ad hoc committee grants individual investor’s request for partial annulment of award that declined jurisdiction based on the claimant’s nationality

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UK High Court declines to order Czech Republic to provide security for costs pending judgment on bid to set aside 400 million USD treaty award

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