…are confronted with an issue who should bear the costs of such new proceedings. In conclusion, the arbitration community is confronted with not so new, but definitely redefined issue. So…

…natural gas consumption,” i.e. that enforcement of the awards would threaten energy security of Ukraine. The Supreme Court also noted that in the course of arbitration proceedings Naftogaz acknowledged that…

…(iii) the award was rendered after the contractually prevailing time-limit, and (iv) the award improperly made provision for legal costs. This claim was contradicted by the evidence on record and…

…measures aiming at enhancing health or environment protection or security do not amount to indirect expropriation; • provisions safeguarding States’ power to sanction foreign investors for violation of national laws…

…potentially “substantial” costs of Australia’s defence of the only ISDS claim brought against it to date (against tobacco plain packaging). The Commission argues that “[t]he open-ended nature of these costs