Earlier this year, the Parliament of the Republic of Uzbekistan passed the legislation ‘On Amendments and Additions to the Law on the Chamber of Commerce and Industry (CCI) of the Republic of Uzbekistan’, which reforms the current function system of the CCI. The amendments are aimed at assuring foreign investors that the updated legislation provides […]
On 28 March 2018, the French Court of Cassation reinstated a $49 mln Energy Charter Treaty (“ECT”) award against the Republic of Moldova, that was set aside by the Paris Court of Appeal on jurisdictional grounds in 2016. The Court of Cassation considered that the lower court violated the text of ECT by imposing a […]
Foreign direct investment (“FDI“) inflow in Ukraine was drastically reduced after the Euromaidan, the annexation of Crimea and the military unrest in the East of Ukraine. This number fell from $4.5 billion in 2013 to $410 million in 2014. The Ukrainian government faced the difficult task of improving the investment climate in the country. How well has […]
Two recent Stockholm Chamber of Commerce (“SCC“) emergency arbitration awards in investment arbitrations against the Republic of Moldova, with different conclusions based on a similar factual and legal background, inject uncertainty regarding the interpretation of conditions for granting interim relief in investment arbitration, while reaffirming positions on certain long-debated issues. Practical implications The messages to […]
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 […]
AMTO LLC v Ukraine, SCC Arbitration (No. 08:2005), Award dated 26 March 2008
Alpha Projektholding GMBH v Ukraine, ICSID Arbitration (No. ARB:07:16), Award dated 20 October 2010
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 […]
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