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 Supreme Commercial Court of the Russian Federation (“the SCC”) demonstrated over the last years a general trend of SCC to interpret law in a pro-arbitration light so that to avoid formalistic and unwisely restrictive approach to applying the law. Below is just one example of such pro-arbitral approach of SCC. This case also illustrates […]
In a recently published decision, the Presidium of the Russian Supreme Arbitrazh Court (“SC”) held that provisional awards of arbitral tribunals are not enforceable in the Russian Federation. The SC said Russian law only provides for enforcement of awards that are final and actually resolve the substance of the dispute. Facts of the case Living […]
20th Anniversary ICAL Conference in Stockholm on 31.08 and 01.09
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