Parties disagree on whether circumstances linked to the dispute underlying the arbitration can be considered in the security for costs decision

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Parties disagree on applicable legal standard

Parties disagree on whether security for costs is a condition subsequent that is incompatible with respondent’s unconditional consent to arbitrate under the BIT

AG recommends rejecting request for stay of enforcement

AG finds no breach of TELEM’s due process rights

AG sees no extra petita decision from the tribunal

Appellate court is only under obligation to provide additional reasons if reasons for appeal diverge from arguments submitted to lower court

Lower court correctly found that it should exercise restraint when applying Article 36 of the Model Law, according to the AG

Amsterdam court rejects set-aside bid while cassation appeal of enforcement ruling is pending

Background: Telecoms dispute leads to ICC award and subsequent enforcement proceedings

No evidence that rights have been “taken” by defendant, as plaintiff does not argue that ultimate business has been dissolved

While conduct at stake might have been commercial in nature, it lacks any nexus to the USA for purposes of the FSIA

Central Bank did not implicitly waive its sovereign immunity by virtue of parallel suits brought by related entity

Russian cassation court refuses Czech Net4Gas’ motion for suspension of anti-arbitration injunction

Dutch BBL is enjoined from pursuing arbitration against Gazprom Export, under threat of 91 million EUR fine

Previous procedural decisions are insufficient to justify costs order

In any case, the Netherlands provided insufficient evidence of costs incurred

Tribunal sees no need to decide whether the Netherlands breached the ICSID Convention by lodging German proceedings

It is “inherently contradictory” for the Netherlands to request costs from ICSID tribunal after challenging its jurisdiction before German courts

No need to decide whether claimant implicitly agreed to tribunal’s power to allocate costs

Background: RWE requests discontinuance after German court confirms anti-arbitration declaration; the Netherlands asks for costs

Balance of interests does not favor anti-suit injunction

In any event, claimants have failed to identify irreparable harm

Tribunal lacks jurisdiction to issue anti-suit injunction directed against enforcement of the Guarantee

PdVSA files two requests for anti-suit injunctions

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