High Court of Justice, 2 March 2018, GPF GP v. the Republic of Poland, [2018] EWHC 409

The High Court of Justice sets aside an investment arbitration award as the tribunal interpreted an underlying investment treaty too narrowly when it declined jurisdiction over certain claims. The award on jurisdiction dated 15 February 2017 was rendered in SCC arbitration seated in London, under the Treaty between Poland, Belgium and Luxembourg (the “BIT”). The [...]

US Court of Appeals for the District of Columbia Circuit, 7 July 2017, Getma v. Republic of Guinea, no. 16-7087

The US Court of Appeals upheld the decision to refuse the enforcement of an award having previously been set aside by the Common Court of Justice and Arbitration of the Organization for the Harmonization of Business Law in Africa (“CCJA”). The CCJA annulled the award due to the breach of arbitrators’ duty by deliberately ignoring [...]

Paris Court of Appeal, 27 June 2017, Yukos, no. 15/11666

Russia requested that the French court acknowledge The Hague Tribunal decision of 20 April 2016 annulling the previous awards, detrimental to Russia. They also requested the confirmation of the orders that followed that decision, namely that the arbitration clause in the Energy Charter Treaty cannot be invoked against Russia. The Court considered the possibility to [...]

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