Arbitration Awards, Emergency Arbitrator, Energy Charter Treaty, Enforcement, Investment Arbitration, Ukraine

(Central European University)/ /Leave a comment

On June 8, 2015, Pecherskyi District Court of Kyiv (“Pecherskyi Court”) upheld an application lodged by JKX Oil & Gas plc, Poltava Gas B.V. and JV Poltava Petroleum Company (“JKX Companies”) to enforce an emergency arbitrator award rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC Rules”) against…

Arbitral Award, Arbitrator's mandate, Tribunal Secretary, Tribunal's assistant, Yukos

(Central European University)/ /4 Comments

Co-Authored with Patricia Živković (Assistant Editor for Europe) On July 18, 2014, the arbitral tribunal (“Tribunal”) rendered final awards (“Award”) in three cases brought by former shareholders of OAO Yukos Oil Company (“Yukos”). As already well known, the Tribunal unanimously decided that the Russian Federation had breached Article 13(1) of the Energy Charter Treaty by…

Attribution, BIT, ICSID Convention, Responsibility of States

(Central European University)/ /Leave a comment

Whereas cases of direct expropriation have become relatively rare in international investment arbitration and claims of breach of fair and equitable treatment obligation or indirect expropriation are currently more common, the profile of respondents in ICSID arbitration proceedings has also changed. However, if both investors and host governments are likely to agree that States may…