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Investment Arbitration

Valeri Belokon v. Kyrgyz Republic – Money Laundering in Investment Arbitration

07/03/2017 by Aceris Law LLC

Valeri Belokon v. Kyrgyz Republic

On 14 October 2014, an UNCITRAL arbitral tribunal in the case Valeri Belokon v. Kyrgyz Republic, whose composition included Kaj Hober, Niels Schiersing and Jan Paulsson as President, found Kyrgyzstan liable for the unlawful expropriation of Claimant’s investment. The investment claim had been brought in 2011 by Valeri Belokon, a Latvian investor, against the Kyrgyz […]

Filed Under: Arbitration Clause, Award on Costs, International Arbitration, Investment Arbitration, Kyrgyz Republic Arbitration, UNCITRAL Arbitration

Duty to Disclose Third Party Funding in International Arbitration

14/01/2017 by Aceris Law LLC

Is there a duty to disclose third party funding in international arbitration? In the resolution of disputes through international arbitration, whether it involves cases of Investment or Commercial Arbitration, parties increasingly resort to so-called “third party funding” (“TPF”). TPF provides prospective parties to a dispute with the ability to request financing from other entities to […]

Filed Under: Commercial Arbitration, ICC Arbitration, International Arbitration, Investment Arbitration, Third-Party Funding

European Court of Human Right Judgement Ruled Unenforceable in Russia – Consequences for Yukos Investment Arbitration Awards

13/01/2017 by Aceris Law LLC

European Court of Human Rights

On 19 January 2017, Russia’s Constitutional Court ruled that the State was not under an obligation to comply with the European Court of Human Rights (“ECtHR”) Judgement in the Yukos Case, which awarded approximately EUR 1.9 billion in compensation to the company (the largest in the ECtHR’s history), because of Russia’s breach of the European […]

Filed Under: European Court of Human Rights, International Arbitration, Investment Arbitration

From International Investment Arbitration to an Investment Court System

07/01/2017 by Aceris Law LLC

Will an Investment Court System be better than the current arrangements for International Investment Arbitration? The EU and Canada appear to think so. In the recently-approved and signed Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada, a different approach to International Investment Arbitration is being put forward by the EU and […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration, UNCITRAL Arbitration

Human Rights and Investment Arbitration: Parallel Proceedings

27/12/2016 by Aceris Law LLC

Human Rights and Investment Arbitration

Human rights and investment arbitration are not opposed, and in fact there is a considerable degree of overlap. The European Court of Human Rights (‘ECtHR’) has been used as an alternative forum or supplement to Investment arbitration in multiple disputes. Even though the ECtHR and Investor-State Arbitral tribunals belong to prima facie different regimes, and […]

Filed Under: European Court of Human Rights, Human Rights Arbitration, International Arbitration, Investment Arbitration

Investment Arbitration Award Enforcement – Yukos Saga Continues

03/12/2016 by Aceris Law LLC

Investment Arbitration Award Enforcement

Investment arbitration award enforcement can at times be difficult due to issues such as sovereign immunity, but November 2016 has proven to be an especially difficult month for the Yukos Awards enforcement saga. First, the Financial Times revealed Rosneft emails to Armenian judicial authorities, which suggested that Rosneft may have had a hand in manipulating […]

Filed Under: International Arbitration, Investment Arbitration, Russia Arbitration

Reconsideration in Investment Arbitration

02/12/2016 by Aceris Law LLC

Reconsideration in Investment Arbitration

Reconsideration in investment arbitration is an exception to the rule that awards are final and binding on the parties to a dispute. There are four explicit remedies available for awards rendered under article 48 of the ICSID Convention. Parties can only bring their challenge under the ICSID Convention. First, a party can request a supplementary […]

Filed Under: ICSID Arbitration, International Arbitration, Investment Arbitration

Banking and Finance Arbitrations – ICC Report

27/11/2016 by Aceris Law LLC

Banking and Finance Arbitrations

The ICC Taskforce on Financial Institutions and International Arbitration, led by Co-Chairs Georges Affaki and Claudia Salomon, recently released a Report on the use of arbitration as a dispute settlement method in resolving financial disputes, i.e., banking and finance arbitrations, showing that arbitration could be used at a much larger scale bringing numerous benefits to […]

Filed Under: Hong Kong Arbitration, ICC Arbitration, International Arbitration, Investment Arbitration

Judgment-Proof Claimants in ICSID Arbitration

07/11/2016 by Aceris Law LLC

The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]

Filed Under: Award on Costs, ICSID Arbitration, International Arbitration, Investment Arbitration, Panama Arbitration

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