[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 majority in EBL v. Spain finds discrete ECT violation on the merits, but declines to award damages and orders claimants to pay costs

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In recently-released discontinuance order, RWE v. Netherlands tribunal finds respondent’s request for costs “inherently contradictory” with decision to seek German anti-arbitration injunction

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

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Analysis: Jurisdictional decision in Cambodia Power v. KOC confirmed consolidation of claims stemming from multiple contracts, and declined jurisdiction over state-owned company for lack of designation under Article 25(1) ICSID Convention

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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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Analysis: UK Court of Appeal overturns High Court’s decision and grants anti-suit injunction, finding that choice of Paris as arbitration seat did not negate choice of English law as the governing law

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

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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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Analysis: Tribunal in ACF v. Bulgaria finds that measures interfering with renewable energy incentives violated clear expectation of regime stability

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

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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: 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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Analysis: In Orazul v. Argentina, full tribunal upholds jurisdiction over claims stemming from post-crisis electricity pricing regime, seeing no limitation period absent specific provisions; majority dismisses all claims on the merits

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

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Analysis: Tribunal in GEB v. Guatemala finds that FTA’s mandatory bifurcation provision does not prevent it from postponing certain preliminary objections to the merits; arbitrators refuse to import umbrella clause through MFN detour and dismiss fork-in-the-road objection

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ICSID tribunal in Orazul v. Argentina upholds jurisdiction, but majority dismisses all claims on the merits; David Haigh would have found breach of electricity investor’s legitimate expectation

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ICSID arbitration over Peruvian refinery is discontinued following withdrawal of claimant’s counsel; Peru is awarded costs, but tribunal finds it lacks power to discontinue case with prejudice

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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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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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Looking Back: In Perenco case, ICSID tribunal upheld jurisdiction over contract claims against Ecuador, declined jurisdiction over Petroecuador, and postponed decision on whether Bahamian company controlled by French nationals could bring claims under Ecuador-France BIT

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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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[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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[Updated] RWE requests discontinuance of coal phase-out ECT claim against the Netherlands, in view of German Supreme Court’s ruling on anti-intra-EU-arbitration declarations

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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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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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UK Court of Appeal overturns SQD v. QYP High Court decision, granting anti-suit and anti-enforcement injunctions against Russian court proceedings and in favour of Paris-seated arbitration, based on evidence from French law experts

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Analysis: UK High Court grants anti-suit injunction against Russian domestic court proceedings lodged in violation of ICC arbitration clause, distinguishing SQD v. QYP

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[Updated] Analysis: ICSID tribunal hearing electricity distribution dispute with Peru finds that state’s decision to retroactively change public tender conditions was “seriously arbitrary”, and awards 110.7 million USD to Singaporean investors

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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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Analysis: Tribunal hearing Bulgarian ECT case finds that notice of intent contains consent for arbitration and constitutes critical final date for application of ICSID Rules – differentiating Benabderrahmane v. Qatar

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