England and Wales High Court of Justice, 13 July 2018, PAO Tatneft v. Ukraine, [2018] EWHC 1797 (Comm)

In the OAO Tatneft v. Ukraine case (“investor” and “Respondent” respectively), the arbitral tribunal seated in Paris and constituted under the UNCITRAL Rules rejected all of Respondent’s jurisdictional objections in its decision on jurisdiction and ordered it to pay the investor 12 million dollars in its award. Respondent initiated annulment proceedings in France, the USA [...]

Versailles Court of Appeal, 22 February 2018, Republic of Congo v. Commisimpex, no. 17/00283

Following last January’s departure from its case law, the Versailles Appeal Court, mentioning the provisions of Sapin II act relating to execution immunities, stated that the Republic of Congo had serious grounds of annulment or reversal of the decision that dismissed its request for cancellation of an attachment, even if these provisions were not applicable [...]

Paris Court of Appeal, 24 January 2018, Congo v. Commisimpex, no. 17/13173 & no. 17/09485, procedural orders

By two ICC awards Congo was ordered to pay various sums to Commisimpex. Commisimpex requested therefore an attachment of the tax debt that EDF Africa Services (French company), owed the Republic of Congo. Congo brought proceedings before the execution judge to obtain the nullity and release of the attachment. The request was rejected. Congo appealed [...]

2018-02-18T20:34:45+00:00 January 24th, 2018|Court of Appeal, Paris Court of Appeal|0 Comments

Cour de cassation, Civ. 1, 10 January 2018 and 24 January 2018, Congo v. Commisimpex, no. 16-22494 & no. 16-16511

Following the exequatur of two awards, Commisimpex company proceeded to two levies of attachment against Republic of Congo and one of its emanations. The State previously committed itself to waive its immunity for jurisdiction and execution. Trial judges dismissed Congo’s application to set aside the attachment, stating that customary international law only required an express [...]

2018-02-12T08:07:09+00:00 January 10th, 2018|Cour de cassation|0 Comments

PCA, (X) August 2017, Mytilineos Holdings S.A. (Greece) v. The Republic of Serbia

As per a press release, Serbia has been ordered to pay 40 million $ compensation to Mytilineos (a Greek company) for several investments conducted with the country’s copper miner RTB Bor. As a consequence of a trading deal signed in 1996, RTB Bor had to make several payments to Mytilineos. Nevertheless, due to financial issues [...]

2018-01-14T19:14:08+00:00 August 31st, 2017|International awards, PCA|0 Comments