Public International Law

CIS Regional Conventions on Cross-Border Litigation and Its Application by Russian Courts

CIS Regional Conventions on Cross-Border Litigation and Its Application by Russian Courts

Recognition and enforcement of foreign court judgments in Russia generally require the existence of a treaty between the issuing state and the recognising state; otherwise, the principle of reciprocity applies. On the CIS level this procedure is relatively facilitated by a number of conventions. This post looks at the main features of these CIS regional […]

By 9 December, 2016 0 Comments Read More →
Russia fights Ukraine over “Yanukovych debt”

Russia fights Ukraine over “Yanukovych debt”

The slowly developing Russia-Ukraine $3 billion sovereign debt dispute got a sudden new development when, at the end of July 2016, Russia requested the London High Court make an expedited ruling on the dispute. Following that, on 8 September 2016, the High Court scheduled the hearings for the dispute for 17-20 January 2017. The debt The history of this […]

By 9 September, 2016 0 Comments Read More →
Recent Investment Arbitration Cases involving CIS States

Recent Investment Arbitration Cases involving CIS States

While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments. This post highlights general trends identified in CIS-related Investor-State Dispute Settlement (“ISDS“) since 2015, and addresses certain cases that […]

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

Constitutional Court to Decide on Enforceability of ECtHR Judgments in Russia

On 14 December 2015, the Russian President signed a federal law endowing the Russian Constitutional Court with new authorities. According to the new law, the Russian Constitutional Court will have jurisdiction to deny enforcement of international human rights judgments incompatible with the Constitution of the Russian Federation. Upon the request of certain authorised governmental bodies, the Constitutional Court will decide […]

By 16 December, 2015 0 Comments Read More →
Will A Bridge between the Crimea and Russia Violate International Law?

Will A Bridge between the Crimea and Russia Violate International Law?

Following Russia’s annexation of Crimea in 2014, international law scholars have faced a range of complex questions ranging from protection of investors to, most recently, building a bridge linking it with Russia’s Krasnodar region. In December the Russian appointed Prime Minister of Crimea Sergey Aksyonov acknowledged that the initial Russian project to build a bridge though the Kerch Strait might lead to […]

By 28 January, 2015 1 Comments Read More →
Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?

Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?

Following the annexation of Crimea by Russia multiple reports suggest that there is underway a redistribution of property, which belongs not only to Ukraine but also to Ukrainian and foreign private owners. This raises the question of whether interests of foreign investors can be protected by means of international arbitration. A preliminary analysis of international public law […]

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award

Last week ICSID released a redacted version of a 2010 award in Liman Caspian Oil B.V. and NCL Dutch Investment B.V. v. Kazakhstan.  While both the facts of the case and the parties’ positions have been redacted, the remaining parts of the award provide illuminating analysis of such issues as legality of the investment as a […]

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine

In an earlier post CIS Arbitration Forum reported that Ukraine was ordered to pay in the region of EUR 3 million to German investors in Inmaris Perestroika Sailing Maritime Services GmbH and others v Ukraine. At that time the final award dated 1 March 2012 had not been published yet. However, recently the excerpts of this award became available. […]

Umbrella Clause Fails to Protect US Investor in Ukraine

Umbrella Clause Fails to Protect US Investor in Ukraine

On 25 October 2012 an ICSID Tribunal unanimously dismissed all claims submitted by a US company Bosh International and its subsidiary (“Bosh”) against Ukraine. The claims arose out of the termination of a joint activities agreement (“JVA”) between a subsidiary of the claimant and Taras Shevchenko National University (the “University”) with respect to a conference […]

Caratube v. Kazakhstan Contributes to the Definition of Investment Debate

Caratube v. Kazakhstan Contributes to the Definition of Investment Debate

We reported earlier that in June 2012 an ICSID tribunal dismissed Caratube International’s USD 1 billion claim against Kazakhstan on jurisdictional grounds. The full text of the award has now been released and is discussed in this article. The dispute centred around the termination of Caratube’s licence to an oilfield in Kazakhstan and allegations that Caratube […]

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

“Remington Worldwide Limited v Ukraine” Saga: The First ECT Arbitration Conducted in Russian

 Remington Worldwide Limited v Ukraine is interesting not only as the first arbitration under the Energy Charter Treaty (the “ECT”) conducted in Russian.  It also reasserts the importance of a fundamental aspect of the rule of law – the principle of legal certainty. The case demonstrates how far-reaching the effects of the application of the exceptions from […]

ICSID Tribunal: Kyrgyzstan Judiciary’s Decisions Amounted to Expropriation

ICSID Tribunal: Kyrgyzstan Judiciary’s Decisions Amounted to Expropriation

The importance of an ICSID award rendered in a case which involved Kyrgyzstan goes beyond the facts of the case and covered topics such as the corruption of state officials, expropriation through judicial action and calculation of the value of expropriated property in the absence of comparable transactions in Central Asia. In 2005 the Kyrgyz […]

Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan

Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan

In a decision released by the ICSID on May 25, 2012 the Tribunal found that the Turkey-Turkmenistan BIT required submission of the dispute in question to the national courts before the initiation of international arbitration proceedings. The tribunal however specifically noted that it is yet to decide on the effect of non-compliance with this condition. […]

Paushok et al. v. Mongolia: Windfall Profit Tax and Immigration Requirements Compatible with FET Standard

Paushok et al. v. Mongolia: Windfall Profit Tax and Immigration Requirements Compatible with FET Standard

In a recently published award a tribunal found that the windfall profit tax introduced by Mongolia as well as introduction of a penalty for exceeding the limit on employment of foreign nationals were compatible with the FET standard established by the Mongolia-Russia BIT. On the other hand, the tribunal found that the conduct of Mongolian […]

Arbitration as a Dispute Resolution Mechanism for Interstate Conflicts

Arbitration as a Dispute Resolution Mechanism for Interstate Conflicts

The International Court of Justice is currently considering the first ever case in which Russia is a party. The dispute was initiated by Georgia which alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination. Georgia argues that, since 1990 Russia directly and through its controlled entities of Abkhazia and […]

The European Court of Human Rights: an Arbitration Award Can Be Expropriated

The European Court of Human Rights: an Arbitration Award Can Be Expropriated

The European Court of Human Rights recently ruled in Kin-Stib & Majkic v. Serbia that failure to enforce an arbitral award amounts to violation of the right to peaceful enjoyment of possession. This note first summarizes the ruling and then considers its implications. In particular, it discusses whether an arbitral award can be expropriated by […]

By 9 December, 2010 0 Comments Read More →
The Yukos Legal Insurgency

The Yukos Legal Insurgency

When former Yukos shareholders promised a “life-long litigation” for their assets, very few took it seriously. After all, until recently there have been no precedents of successful enforcement of arbitration awards against the Russian Federation. But this perception has been changing over the last last few months, with Yukos shareholders advancing on at least three […]

By 7 December, 2010 1 Comments Read More →