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: Unpacking the reasons why a Dutch court ordered investors to repay the state if monies are collected under intra-EU award against Spain

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Analysis: ICSID committee declines to annul high-stakes Conoco v. Venezuela award, finding no merit in competing governments’ criticisms of tribunal’s constitution, jurisdictional findings, or rulings on lawfulness and valuation date for expropriation

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[Updated with Decision] Amsterdam court orders Dutch companies to pay Spain monies collected under intra-EU ECT award if the award is successfully enforced abroad

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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 upholds Littop v. Ukraine tribunal’s decision to decline jurisdiction, albeit on grounds that differ from arbitrators’ reasoning; Ukraine’s request for arbitration costs is also granted

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US court refuses to stay Antin v. Spain and Cube v. Spain enforcement proceedings pending Supreme Court’s ruling on intra-EU objection

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Analysis: Ad hoc committee hearing snow crab dispute with Norway dismisses respondent’s request for security for costs; claimants’ petition for reapportionment of advances on costs is also rejected

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Revealed: In Rasia v. Armenia, ad hoc committee sees no ground for annulment in tribunal’s interpretation of Armenian statutory limitation provisions that barred applicants’ contractual and umbrella clause claims

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Revealed: ICSID ad hoc committee hearing highway concession dispute with Peru rejects investor’s request for partial annulment of award that only granted a fraction of the damages claimed

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DC court declines Spain’s request to stay proceedings for enforcement of intra-EU ECT award pending decision by US Supreme Court

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Analysis: Russian courts grant anti-arbitration injunction against German bank despite absence of pending arbitration proceedings, under threat of 250-million-EUR penalty

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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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Analysis: Russian court finds that ICC arbitration agreement between German bank and Gazprom-affiliate is unenforceable and allows for immediate execution of anti-arbitration, anti-suit, and anti-enforcement injunctions

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Amici curiae weigh in on minimum contacts requirement and due process protection for foreign states in SCOTUS proceedings for enforcement of Devas v. Antrix ICC award

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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 with Decisions] Revealed: In aviation dispute with Lebanon, ICSID ad hoc committee rejects investor’s annulment bid, upholding tribunal’s findings on quantum against contention that claimant should have been awarded higher amounts

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Analysis: Dutch Supreme Court confirms treaty awards against Russia in Privatbank, Naftogaz, and Aeroport Belbek arbitrations; set-aside and revocation claims against Everest Estate awards are remanded to Amsterdam Courts of Appeal on limited matters of evidence and admissibility

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ICSID committee hearing snow crab dispute with Norway grants claimants’ request for continued stay of award’s enforcement, conditional on commitment to pay if award stands; Norway is prohibited from receiving assistance from Wikborg Rein while committee examines conflict of interest concerns

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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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[Updated] Colombia seeks annulment of Telefonica award, and plans to renegotiate arbitration provisions contained in its investment agreements; state’s participation in ICSID Convention may also be rediscussed

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[Updated] Gold miner withdraws challenge to Maxi Scherer in ICSID annulment proceedings stemming from high-stakes mining dispute with Romania

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[Updated] US court dismisses Mexico’s bid to set aside NAFTA award that held the state liable for denial of justice; motion to intervene by individual third party found to be liable of fraud is rejected

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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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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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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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Analysis: Russian court confirms exclusive jurisdiction over dispute involving sanctioned Gazprom affiliate and German bank, finding that ability of Russian company to secure protection in foreign-seated proceedings is “substantially limited”

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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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Analysis: UK appeals court finds that ICSID Convention states cannot rely on their sovereign immunities to oppose registration of ICSID awards

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Breaking: UK Court of Appeal rules that sovereign immunities defence is not available to oppose registration of ICSID awards, dealing blow to Spain and Zimbabwe

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ICSID ad hoc committee is formed to hear Gabriel Resources’ bid to annul award that dismissed its multi-billion-dollar mining claim against Romania

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[Updated] US court enforces JGC v. Spain ECT award, finding that ICSID award is entitled to full faith and credit, and doctrines of act of state, forum non conveniens and comity do not apply

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US court grants default judgment for enforcement of arbitral awards against Peru, but rejects petition for default judgment against Peruvian state entity with separate legal personality

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