Court confirms that EU law was applicable to the contract when executed in 1998

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Tribunal could decline to order production of evidence on admissibility issue, court finds

Paris court rules that scope and validity of arbitration agreement should be assessed independently of law governing the main contract

Belatedness of claim prompts tribunal to depart from “costs follow the event” principle

While contract is null and void, tribunal declines to provide anything beyond declaratory relief

Tribunal cannot seek preliminary ruling from CJEU

EU law exceptions for public policy, public security, and military goods are not applicable

Offsets Contract breached EU law principle of free movement of goods

Principle of separability is well accepted in international arbitration law, as well as under Greek law

Tribunal declines to re-issue provisional measures in the form of a partial award

French lex arbitri is applicable to request for provisional measures

Background: Dispute over provision of fire-fighting aircrafts land parties in ICC arbitration

Counter-guarantee of letter of credit cannot be honoured in view of Ministry’s fraud

Ministry’s decision to draw on letter of credit “by any and all means, no matter how repugnant they may be”, was fraudulent

Foreign judgments that sanction state impunity and disregard of tribunal orders would violate public policy

Background: Before aircraft contract is found to be invalid, Greek ministry draws on letter of credit posted with local bank

No breach of international public policy

Alleged links between arbitrator and respondent are “sparse and dated”

Links known to the claimant since 2019 acquired salience only in light of later discovery of further connections between arbitrator and respondent

Background: Energy project falters, and claimant fails to disqualify arbitrator in ensuing ICC proceedings

Failure to provide ELA funding to Laiki-owned subsidiary was discriminatory

Contemporaneous buyout offer does not reflect fair market value, as it came when claimant’s subsidiary was already meant to be sold

Tribunal can show “some flexibility” with burden of proof on causation

No arbitrariness in regulator’s failure to answer request when the claimant itself failed to comply with agreed procedure

Respondent ordered to pay part of Laiki’s legal expenses, and to bear the costs of the arbitration in full, plus interest

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