Archive for November, 2015

Oko Pankki v. Republic of Estonia

Oko Pankki v. Republic of Estonia

In OKO Pankki, three banks brought claims arising out of Estonia’a default on loan agreements which had been made to a joint venture Estonian company. In bringing their claims, the claimants asserted violations of the standard of fair and equitable treatment under the Estonia-Germnay BIT and the Estonia-Finland BIT. The tribunal rendered the award in favor […]

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

Enforcement of Settlement Agreements Reached in Arbitration and Mediation

In September 2015 the UNCITRAL Working Group II (Arbitration and Conciliation) continued its work on formulating a legal framework on the enforcement of settlement agreements, including a convention, model provisions or guidance texts. Currently, parties can request arbitral tribunals to record their settlement agreements as consent awards, ie an arbitral award on terms agreed upon by the […]

Видеозапись Всероссийского форума третейского и делового сообществ 8 октября 2015 г.
By 27 November, 2015 0 Comments Read More →

Видеозапись Всероссийского форума третейского и делового сообществ 8 октября 2015 г.

Видеозапись Третьего Всероссийского форума третейского и делового сообществ «Третейская реформа в России: завершающий этап?», который состоялся в СПбГУ 8 октября 2015 года (3 части):   Часть 1 Часть 2 Часть 3

United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia

United Utilities (Tallinn) B.V. and Aktsiaselts Tallinna Vesi v. Republic of Estonia

In 2001, at the request of Estonia, United Utilities (Tallinn) BV made an investment in AS Tallinna Vesi by purchasing 50.4% of the shares in the Company. This was a part of Estonia’s privatisation of AS Tallinna Vesi. The privatisation was sponsored and closely supervised by the European Bank for Reconstruction and Development (EBRD). Since […]

Bidzina Ivanishvili v. Republic of Georgia

Bidzina Ivanishvili v. Republic of Georgia

On November 30, 2012, prior to the constitution of an Arbitral Tribunal, the ICSID Secretariat received a letter from the Claimant, requesting the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44. Respondent consented. The Secretary-General issued the order on discontinuance of the proceeding. Bidzina Ivanishvili v Republic of Georgia, ICSID Arbitration (No. ARB:12:27), […]

Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan

Türkiye Petrolleri Anonim Ortaklığı v. Republic of Kazakhstan

The proceeding was concluded and the award was rendered on August 18, 2014. The award is not publicly available. More information can be found here.

AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

AIG Capital Partners, Inc. and CJSC Tema Real Estate Company v. Republic of Kazakhstan

AIG Capital Partners arises out of a Request for Arbitration by AIG Capital Partners Inc  and CJSC Tema Real Estate Company requesting for arbitration of an “investment dispute” with the Republic of Kazakhstan. The claim in the Request for Arbitration arises out of the alleged expropriation of the Claimants‟ investment in a Real Estate Development […]

Anatolie Stati and Others v. Republic of Kazakhstan

Anatolie Stati and Others v. Republic of Kazakhstan

In Anatolie Stati and others, a Stockholm Chamber of Commerce (SCC) Tribunal found that, through a “string of measures of coordinated harassment” of Claimants’ investments related to the Borankol and Tolkyn Fields and Munaibay Oil, to the Contract 302 Properties, and to the LPG Plant,” Kazakhstan violated the Fair and Equitable Treatment provision of the Energy Charter Treaty (ECT). As a […]

Hulley  Enterprises Limited (Cyprus) v. Russian Federation

Hulley Enterprises Limited (Cyprus) v. Russian Federation

Respondent filed the motion to dismiss petition to confirm arbitration awards for lack of subject matter jurisdiction under the U.S. Foreign Sovereign Immunities Act (“FSIA”). The motion was granted by the United States District Court, District of Columbia. Hulley Enterprises Limited v Russian Federation, PCA Arbitration (No. AA 226), Award dated 18 July 2014 Hulley Enterprises […]

Western NIS Enterprise Fund v. Ukraine

Western NIS Enterprise Fund v. Ukraine

Parties agreed to settle the case and proceeding was discontinued at their request. Order taking note of the discontinuance was issued by the Tribunal on June 1, 2006 pursuant to Arbitration Rule 43(1). Western NIS Enterprise Fund v Ukraine, ICSID Arbitration (No. ARB:04:2), Order dated 16 March 2006

Metal-Tech Ltd. v. Republic of Uzbekistan

Metal-Tech Ltd. v. Republic of Uzbekistan

In 2000, Metal-Tech, an Israeli public company manufacturing molybdenum products, formed a joint venture with two state-owned companies in Uzbekistan to build and operate a plant for the production of molybdenum products. Metal-Tech was to contribute its technology, know-how, and access to international markets, as well as part of the financing needed for a new […]

Mr Pugachev’s Multi-Billion Dollar Claim and One Insurmountable Hurdle
By 17 November, 2015 0 Comments Read More →

Mr Pugachev’s Multi-Billion Dollar Claim and One Insurmountable Hurdle

High-net-worth individuals tend to acquire multiple passports not only as a matter of convenience (for travel or residence purposes) but also as a form of an insurance policy, in case relationships with high-ranking official(s) deteriorate past the point of no return.  For example, an acquired nationality has been used recently to bring compensation claims under a […]

New Rules on Jurisdictional Immunities of States in Russian Courts
By 13 November, 2015 0 Comments Read More →

New Rules on Jurisdictional Immunities of States in Russian Courts

The new law on Jurisdictional Immunities of Foreign States was signed by the Russian President on 3 November 2015. The law aims at discouraging foreign states from diminishing the immunity of Russian property abroad. The State Duma has drafted it in response to the arrests and freezing of Russian property in France, Belgium and Austria. After the […]

Consent Awards in International Arbitration

Consent Awards in International Arbitration

Kryvoi, Yaraslau and Davydenko, Dmitry, Consent Awards in International Arbitration: From Settlement to Enforcement (November 7, 2015). Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.

Caratube International Oil Company LLP v. Republic of Kazakhstan

Caratube International Oil Company LLP v. Republic of Kazakhstan

In Caratube v. Kazakhstan, the ad hoc ICSID annulment committee (the “Committee”) dismissed Caratube International Oil Company LLP’s (“CIOC”) application for annulment, finding that the ICSID tribunal (the “Tribunal”) did not (i) manifestly exceed its powers; (ii) seriously depart from a fundamental rule of procedure; or (iii) fail to state the reasons on which it based its decision, […]

Posted in: Library
English Law Week 2015 To Take Place in Moscow

English Law Week 2015 To Take Place in Moscow

The Law Society and the Bar Council of England and Wales is holding the third English Law Week event in Moscow from 30 November to 2 December 2015. Partners of the event include the British Russian Law Association, the Anglo Russian Law Association, the Russian Federal Chamber of Lawyers and the Moscow Chamber of Advocates. CIS […]

Posted in: contract law, Events
Every Third LCIA Case Involves a CIS-related Party

Every Third LCIA Case Involves a CIS-related Party

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions involved in disputes related to Russia and the CIS region. The series proceeds with an interview with Jacomijn van Haersolte-van Hof, Director General of London Court of International Arbitration (LCIA). Dmitry Davydenko: Do you see any trends in the LCIA arbitration workload related to the CIS region? […]