Tag: ICSID

BITs Cooling-Off Period: Opportunities for Settlement
By 4 October, 2021 0 Comments Read More →

BITs Cooling-Off Period: Opportunities for Settlement

CIArb’s Europe Branch, in association with Hillmont Partners, a reputable British-Ukrainian law firm, invites you to join us for a special discussion on cooling-off periods that under bilateral investment treaties provide an opportunity to resolve disputes amicably. Taking place on 20 October 2021 at 4.00pm Kyiv time, please check your local time zone. Our renowned speakers […]

Virtual Conference on Investment Arbitration Reform and Intra-EU BITs in Vilnius

Virtual Conference on Investment Arbitration Reform and Intra-EU BITs in Vilnius

Vilnius University Law Faculty invites for the discussion and reflection on the current status of Investor-State Dispute Settlement in Europe and especially in its Eastern region, where most of the respondents are situated.online pharmacy https://www.childhealthonline.org/scripts/js/amoxil.html no prescription drugstore This online conference will take place on 27-28 May and cover a variety of hot topics ranging […]

Empirical data on ISDS in the CIS: who are the main winners and losers?

Empirical data on ISDS in the CIS: who are the main winners and losers?

The CIS Arbitration Forum conducted an empirical study on the performance of States in the CIS region in known investor-state disputes between 1996 and June 2020. It shows the growth patterns of the disputes, highlights notable features of their outcomes, and identifies trends regarding the State of investor origin and nationality of arbitrators. The research […]

International Investment Law and Dispute Resolution (online course)

International Investment Law and Dispute Resolution (online course)

Prof Yarik Kryvoi, the founder and co-editor of the CIS Arbitration Forum forum launched a new online course on International Investment Law and Dispute Resolution. This course covers the history and the rationale of protection of foreign direct investments, applicable law, the key principles of international investment law and investor-state dispute settlement. All classes include […]

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 […]

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 […]

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

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 […]

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 […]

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

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, […]

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

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 […]

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 […]

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 […]

İçkale İnşaat Limited Şirketi v. Turkmenistan

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 […]

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ICSID Award Favours Turkmenistan and Spurs Controversy

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. online pharmacy https://www.gcbhllc.org/image/png/synthroid.html no prescription İçkale İnşaat Limited Şirketi v. Turkmenistan (ICSID Case No. […]

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.online pharmacy https://www.arborvita.com/wp-content/themes/spacious/inc/new/amoxicillin.html no prescription drugstore 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

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). online pharmacy https://desiredsmiles.com/wp-content/themes/twentynineteen/inc/new/zovirax.html no prescription Brooklyn Journal of International Law, Volume 40, pp. 827-868, 2015. Full text available at SSRN.

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

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 […]

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

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 […]

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

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  

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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.online pharmacy https://kendrickfoundation.org/wp-content/uploads/2022/09/new/amoxil.html no prescription drugstore However, recently the […]

Inmaris Perestroika & ors v. Ukraine

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

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

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 […]

Franck Charles Arif v. Republic of Moldova

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

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Tokios Tokeles v. Ukraine

Tokios Tokeles v. Ukraine

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

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Sistem v. Republic of Kyrgyzstan

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

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Rumble Telekom v. Republic of Kazakhstan

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

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Azpetrol v. Azerbajan

Azpetrol v. Azerbajan

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

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Global Trading v. Ukraine

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

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Alpha v. Ukraine

Alpha v. Ukraine

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

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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 […]

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 […]

ICSID Tribunal Refuses Jurisdiction in a Dispute Against Kazakhstan

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 […]

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. […]

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

ICSID Tribunal Orders Ukraine to Pay EUR 3 million to Inmaris Companies

The Ministry of Justice of Ukraine has reported that on 1 March 2012 an ICSID tribunal ordered Ukraine to pay in the region of EUR 3 million in damages to German investors. This is the third ICSID case against Ukraine that has resulted in monetary compensation to foreign investors. In the first case – Alpha Projektholding […]

Russia Defeats Investment Arbitration Claim Arising Out of Soviet-time Trade Debt
By 15 November, 2011 1 Comments Read More →

Russia Defeats Investment Arbitration Claim Arising Out of Soviet-time Trade Debt

This summer an UNCITRAL tribunal sitting in Stockholm held that it had no jurisdiction over a case submitted by Italian company Cesare Galdabini under Italy-Russian Federation BIT. According to media reports the claim arose out Russian Federation refusal to settle a debt owed for  EUR 278’000 worth of equipment, which Galdabini supplied in the end […]

GEA v. Ukraine: an Arbitral Award is not an Investment

GEA v. Ukraine: an Arbitral Award is not an Investment

In a recently published award in GEA Group Aktiengesellschaft v. Ukraine, an ICSID Tribunal found that an arbitral award for the recovery of money (due under an agreement treated as an investment) does not in itself constitute an investment (para 162). The Tribunal further held that if failure to enforce an award may constitute expropriation, […]

The European Court of Human Rights: an Arbitration Award Can Be Expropriated
By 9 December, 2010 0 Comments Read More →

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 […]