Tag: ICSID

Глоссарий терминов и понятий системы урегулирования споров между инвесторами и государствами (русский язык)
By 4 December, 2019 0 Comments Read More →

Глоссарий терминов и понятий системы урегулирования споров между инвесторами и государствами (русский язык)

В рамках Академического форума по урегулированию споров между инвесторами и государствами подготовлен Глоссарий терминов и понятий системы урегулирования споров между инвесторами и государствами на русском языке. Составители – Максим Усынин из Университета Копенгагена и Ярослав Кривой из Британского института международного и сравнительного права. Глоссарий подготовлен с целью оказания помощи процессу Рабочей группы III ЮНСИТРАЛ (Реформа […]

Posted in: Investor-State Arbitration, Library, Public International Law
Kiev Arbitration Days-2018 conference report
By 23 September, 2018 0 Comments Read More →

Kiev Arbitration Days-2018 conference report

On 14 September 2018, the 8th annual International Conference “Kyiv Arbitration Days: Think Big!” took place in Kyiv, Ukraine. Each year since the 2011, the event is held under the auspices of the Ukrainian Bar Association, and supported by the CIS Arbitration Forum as the information partner. As per established tradition, distinguished arbitration practitioners with […]

Posted in: Commercial Arbitration, Events
Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework
By 18 May, 2018 0 Comments Read More →

Ratification of Arbitration-Related Conventions by CIS States: Global and Regional Framework

Trying to create a favourable investment climate, all CIS states have adopted investment protection laws which provide certain privileges to foreign investors. However, when it comes to ratification of international treaties in which states reflect consent to international arbitration of investment disputes, the situation is more nuanced. All CIS countries are parties to the basic international […]

Posted in: enforcement of foreign judgments, Investor-State Arbitration
Belarus may face an ICSID claim for the first time
By 12 June, 2017 0 Comments Read More →

Belarus may face an ICSID claim for the first time

Over the entire period of its independence Belarus has never been a respondent in an investor-state dispute. This remains so despite the fact that the country adheres to an active policy of investment promotion. According to public data in the first quarter of 2017 the leading investment partners of Belarus originate from the Russian Federation, Ukraine, Cyprus […]

Posted in: Investor-State Arbitration
Интервью с генеральным секретарём МЦУИС Мег Киннер: МЦУИС и регион СНГ
By 5 June, 2017 0 Comments Read More →

Интервью с генеральным секретарём МЦУИС Мег Киннер: МЦУИС и регион СНГ

Арбитражный форум СНГ продолжает серию интервью с представителями крупных международных арбитражных организаций, занимающихся спорами, связанными с Россией и регионом СНГ. В этом месяце профессор Ярослав Кривой взял интервью у Мег Киннер, которая с 2008 года является генеральным секретарем Международного центра по урегулированию инвестиционных споров (МЦУИС) во Всемирном банке. Госпожа Киннер поделилась своими мыслями о том, […]

Posted in: Interview, Investor-State Arbitration
Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS region
By 31 May, 2017 0 Comments Read More →

Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS region

CIS Arbitration Forum continues its series of interviews with representatives of major international arbitration institutions working on disputes related to Russia and the CIS region. This month Professor Yarik Kryvoi interviewed Meg Kinnear, who since 2008 has been the Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID) at the World Bank. Ms Kinnear shared her […]

Posted in: Interview, Investor-State Arbitration
Russian Investors Turning More Frequently to Investment Arbitration
By 22 November, 2016 0 Comments Read More →

Russian Investors Turning More Frequently to Investment Arbitration

In 2016 the Russian Federation has most commonly appeared on the host state’s end of investor-state disputes, facing numerous arbitration claims brought in relation to the events in Crimea. However, quite recently Russia has also become more involved as a home state, with Russian investors becoming more active in investor-state disputes. This post highlights the […]

Posted in: Investor-State Arbitration
Recent Investment Arbitration Disputes involving CIS States
By 17 October, 2016 0 Comments Read More →

Recent Investment Arbitration Disputes involving CIS States

The period of July–October 2016 has seen several developments in the field of Investor-State Dispute Settlement in the CIS region. The arbitral tribunals in these cases will further address issues such as: the succession of the former Soviet republics to USSR investment treaty obligations, the mandatory nature of local courts’ litigation provision in the Turkmenistan–Turkey […]

Posted in: Investor-State Arbitration
İçkale İnşaat Limited Şirketi v. Turkmenistan
By 22 March, 2016 0 Comments Read More →

İçkale İnşaat Limited Şirketi v. Turkmenistan

This arbitration concerns a dispute between İçkale İnşaat Limited Şirketi, a company incorporated under the laws of the Republic of Turkey, and Turkmenistan. The dispute was submitted by the Claimant to the International Centre for Settlement of Investment Disputes (“ICSID”) on the basis of the Agreement between the Republic of Turkey and Turkmenistan concerning the Reciprocal Promotion […]

Posted in: Library
ICSID Award Favours Turkmenistan and Spurs Controversy
By 22 March, 2016 0 Comments Read More →

ICSID Award Favours Turkmenistan and Spurs Controversy

On 8 March 2016, an ICSID Tribunal dismissed the claim of a Turkish investor against Turkmenistan finding that the alleged violation of the Turkey-Turkmenistan Bilateral treaty (“BIT”) was “entirely without merit.” The arbitral award appeared to be controversial and resulted in two dissenting opinions. İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. ARB/I0/24) is the first case […]

Posted in: Investor-State Arbitration
Western NIS Enterprise Fund v. Ukraine
By 17 November, 2015 0 Comments Read More →

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

Posted in: Investor-State Arbitration, Library
Consent Awards in International Arbitration
By 11 November, 2015 0 Comments Read More →

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.

Posted in: Commercial Arbitration, Conciliation & Mediation, Library
Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit
By 29 October, 2015 0 Comments Read More →

Tribunal Requests Claimants to Disclose to Turkmenistan who is Paying for Their Lawsuit

Even though third party funding is increasingly common in international arbitration, the disclosure of funding arrangements is relatively rare and is required only in exceptional circumstances. Earlier this year in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v. Turkmenistan the ICSID tribunal issued an order to compel the parties to disclose third party funding arrangements. Brief […]

Posted in: Commercial Arbitration, Investor-State Arbitration
Arbitrations against Ukraine and its State Bodies in Post-Revolution Period
By 13 May, 2015 0 Comments Read More →

Arbitrations against Ukraine and its State Bodies in Post-Revolution Period

2014 was one of the most difficult years in the contemporary history of Ukraine in both political and economic terms. The country lived through the Revolution of Dignity in February, the annexation of Crimea in March, the ongoing military conflict in eastern Ukraine and deep financial and economic crisis. In order to counter these difficulties and to […]

Posted in: Commercial Arbitration, Investor-State Arbitration
Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan
By 2 March, 2015 0 Comments Read More →

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, ICSID Case No. ARB/12/6 – Decision on Respondent’s Objection to Jurisdiction under Article VII(2) – 13 February 2015  

Posted in: Library
Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?
By 29 July, 2014 1 Comments Read More →

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 […]

Posted in: Investor-State Arbitration, Public International Law
Metal-Tech v Uzbekistan: No Jurisdiction Because of Corruption
By 16 December, 2013 0 Comments Read More →

Metal-Tech v Uzbekistan: No Jurisdiction Because of Corruption

The tribunal in the recently released award in Metal-Tech Ltd. v Republic of Uzbekistan (ICSID Case No. ARB/10/3) decided not to establish its jurisdiction over an investor claim because of corruption. The dispute erupted after the termination of a raw material supply contract and cancellation of an exclusive right to export of refined molybdenum oxide. Uzbekistan won a favourable […]

Posted in: Commercial Arbitration, Investor-State Arbitration
ICSID Rejects Denial of Justice Claims against Kazakhstan in a Recently Released Award
By 28 May, 2013 0 Comments Read More →

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 […]

Posted in: Investor-State Arbitration, Public International Law
ICSID Tribunal Found Unfair Treatment of a German Investor by Ukraine
By 20 May, 2013 0 Comments Read More →

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. […]

Posted in: Investor-State Arbitration, Public International Law
Inmaris Perestroika & ors v. Ukraine
By 20 May, 2013 0 Comments Read More →

Inmaris Perestroika & ors v. Ukraine

Inmaris Perestroika Sailing Maritime Services GmbH and Others v. Ukraine, ICSID Arbitration (No. ARB:08:8), Award dated 1 March 2012

Posted in: Investor-State Arbitration, Library
Moldova Gets a Mixed Result in the First ICSID Arbitration against it
By 14 April, 2013 0 Comments Read More →

Moldova Gets a Mixed Result in the First ICSID Arbitration against it

On 8 April 2013, the tribunal rendered an award in Arif v Moldova, the first ICSID arbitration against Moldova, which commenced several months after it had ratified the ICSID Convention. The tribunal (Cremades, Hanotiau, Knieper) rejected the majority of the investor’s claims, but found that Moldova had in one instance violated the obligation to provide fair […]

Posted in: Investor-State Arbitration
Franck Charles Arif v. Republic of Moldova
By 14 April, 2013 0 Comments Read More →

Franck Charles Arif v. Republic of Moldova

Mr Franck Charles Arif v Republic of Moldova, ICSID Arbitration (No. ARB:11:23), Award dated 8 April 2013

Posted in: Library
Tokios Tokeles v. Ukraine
By 27 February, 2013 0 Comments Read More →

Tokios Tokeles v. Ukraine

Tokios Tokeles v Ukraine, ICSID Arbitration (No. ARB:02:18), 29 June 2004

Posted in: Library
Sistem v. Republic of Kyrgyzstan
By 27 February, 2013 0 Comments Read More →

Sistem v. Republic of Kyrgyzstan

Sistem Muhendislik Insaat Sanayi ve Ticaret A.S. v Kyrgyz Republic, ICSID Arbitration (No. ARB(AF):06:1), 24 August 2009

Posted in: Library
Rumble Telekom v. Republic of Kazakhstan
By 27 February, 2013 0 Comments Read More →

Rumble Telekom v. Republic of Kazakhstan

Rumeli Telekom A.S.and Telsim Mobil Telekomikasyon Hizmetleri A.S. v Republic of Kazakhstan, ICSID Arbitration (No. ARB:05:16), Award dated 17 July 2008

Posted in: Library
Azpetrol v. Azerbajan
By 26 February, 2013 0 Comments Read More →

Azpetrol v. Azerbajan

Azpetrol companies vs. Republic of Azerbaijan, ICSID Case No. ARB/06/15, 02.09.2009

Posted in: Library
Global Trading v. Ukraine
By 26 February, 2013 0 Comments Read More →

Global Trading v. Ukraine

Global Trading Resource Corp. and Globex International, Inc. v Ukraine, ICSID Arbitration (No. ARB:09:11), Award dated 23 November 2010

Posted in: Library
Alpha v. Ukraine
By 25 February, 2013 0 Comments Read More →

Alpha v. Ukraine

Alpha Projektholding GMBH v Ukraine, ICSID Arbitration (No. ARB:07:16), Award dated 20 October 2010

Posted in: Library
Kilic v. Republic of Turkmenistan
By 24 February, 2013 0 Comments Read More →

Kilic v. Republic of Turkmenistan

Kılıç İnşaat İthalat İhracat Sanayi v Turkmenistan, ICSID Arbitration (No. ARB:10:1), Award dated 7 May 2012 Separate Opinion of Professor William Park May 2013

Posted in: Library
ICSID Secretary-General Participates in Minsk Arbitration Workshop
By 25 November, 2012 2 Comments Read More →

ICSID Secretary-General Participates in Minsk Arbitration Workshop

On November 19-20, 2012 the Minsk-based International University “MITSO” hosted a rather unusual event for Belarus. In collaboration with the Ministry of Foreign Affairs it held a two-day investments disputes settlement workshop with the participation of the Secretary-General of ICSID and a team of outstanding Belarusian and foreign experts in the sphere of international investment […]

Posted in: Events, Investor-State Arbitration
Umbrella Clause Fails to Protect US Investor in Ukraine
By 8 November, 2012 1 Comments Read More →

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 […]

Posted in: Investor-State Arbitration, Public International Law
Caratube v. Kazakhstan Contributes to the Definition of Investment Debate
By 16 October, 2012 0 Comments Read More →

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 […]

Posted in: Commercial Arbitration, Investor-State Arbitration, Public International Law
Ukraine: New Rules on Security for Claims and Costs
By 11 September, 2012 0 Comments Read More →

Ukraine: New Rules on Security for Claims and Costs

Two weeks ago the Cabinet of Ministers of Ukraine decided to allow state organs to make payments under orders for security for costs or security for the claim issued by foreign courts and arbitral tribunals. The new rules are expected to remove some practical difficulties the Ukrainian authorities currently face in such situations. According to the Ministry […]

Posted in: Commercial Arbitration, Domestic Proceedings, Investor-State Arbitration
ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan
By 14 June, 2012 1 Comments Read More →

ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan

According to the Kazakh Ministry of Justice, a foreign company which initiated a dispute against Kazakhstan has failed to establish that it was controlled by a national of a state party to the ICSID Convention. The ICSID tribunal in Caratube International Oil Company v Kazakhstan decided that the claim was brought by a Kazakh company which failed […]

Posted in: Investor-State Arbitration
Heavy Blow to the Turkish Investors’ Claims Against Turkmenistan
By 30 May, 2012 1 Comments Read More →

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. […]

Posted in: Investor-State Arbitration, Public International Law
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