England and Wales Court of Appeal, 10 August 2018, Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited v. The Republic of Kazakhstan, [2018] EWCA Civ 1896

On 19 December 2013, an SCC arbitral tribunal issued an award in favour of Anatolie Stati, Gabriel Stati, Ascom Group S.A. and Terra Raf Trans Traiding Limited (“Appellants”). By this award, a violation by the Republic of Kazakhstan (“Defendant”) of the fair and equitable treatment standard set up in the European Charter Treaty was characterized. [...]

England and Wales Court of Appeal, 27 July 2018, Viorel Micula, Ioan Micula, S.C. European Food S.A., S.C. Starmill S.R.L. and S.C. Multipack S.R.L. v. Romania, [2018] EWCA Civ 1801

In 2013, an ICSID arbitral tribunal issued an award in an investment treaty-based case opposing Romania (“Respondent”) to the Micula brothers and three companies controlled by them – S.C. European Food S.A., S.C. Starmill S.R.L. and S.C. Multipack S.R.L (“Claimants”). In this award, the arbitral tribunal recognised the violation of the FET standard due to [...]

England and Wales Court of Appeal, 23 April 2018, RBRG Trading Limited v. Sinocore International Co. Ltd. [2018] EWCA Civ 838

The award under appeal was rendered on 30 June 2014 under the China International Economic and Trade Arbitration Commission (CIETAC) and ordered damages in amount of US$4,857,500 to Sinocore for the breach by RBRG of a steel coil sales contract. RBRG maintains that the recognition and enforcement of the award would be contrary to public [...]

England and Wales Court of Appeal, 13 March 2018, Allianz Insurance v. Tonicstar, [2017] EWHC 2753 (Comm)

The Court of Appeal confirmed the appointment of a British QC as arbitrator in a reinsurance dispute relating to the 9/11 attack on the World Trade Center. The lower court previously found that the QC lacked the necessary experience. The standard set of clauses in common use in the London market for excess of loss [...]

Court of Appeal of England and Wales, 11 October 2017, Pan Petroleum AJE LTD v. Yinka Folawiyo Petroleum CO LTD, YFP Deepwater CO LTD, EER (Colobus), Newage Exploration Nigeria Ltd, PR Oil & Gas Nigeria Ltd., [2017] EWCA Civ 1525

The English Court of Appeal upheld a previously issued injunction which found the appellants to be held in contempt of court. The injunction was granted at the request of a minority stakeholder and consisted of restriction from exercising rights under the contract until the arbitration ends. Despite the injunction, the other business partners excluded it [...]