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 [...]

United States District Court, District of Columbia, 22 March 2018, Balkan Energy Limited v. The Republic of Ghana, no. 17-cv-005582 (APM)

On 22 March 2018, the District Court confirmed an arbitral award in favor of Balkan Energy Limited and dismissed Ghana’s objections in seeking to oppose the award’s enforcement. The arbitral tribunal had awarded more 11.75 million dollars in damages for the breach of a Power Purchase Agreement on the grounds that the company had legitimate [...]

US Court of Appeal for the Second Circuit, 23 October 2017, Ioan Micula, European Food, Starmill, Multipack and Viorel Micula v. Government of Romania, 15-3109-cv, Summary order

Ex-parte recognition of the ICSID award is incompatible with the 1976 Foreign Sovereign Immunities Act, which includes requirements for the service of proceedings on foreign states.

Paris Court of Appeal, 18 October 2017, Republic of the Congo v. Commisimpex, no. 17/09485, Court order

Another court in this case transmitted a question of constitutionality to the Cour de Cassation. The First President of the Court of Appeal of Paris ordered the reopening of the proceedings on the stay of execution of the awards that Commisimpex engaged against Congo seizing the debts of a third party towards it. The question [...]

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