Consent and nationality are two concepts of deep significance in ICSID jurisprudence. Consent forms a fundamental pillar of ICSID jurisdiction, and counsel for would-be ICSID claimants regularly advise their clients to express their consent to arbitrate as early as possible. Nationality is an equally core component of ICSID jurisdiction, with the place of incorporation test […]
Investor-State Emergency Arbitrator Award Enforced
Investor-State Emergency Arbitrator Award Enforced An investor-State emergency arbitrator award was enforced by a domestic court in Ukraine, as was initially reported by the Global Arbitration Review. This decision is interesting since it is the first known enforcement of an emergency arbitrator award against a State. Emergency arbitrator awards are non-binding on an arbitral tribunal, but remain in […]
Collective Arbitration Against Russia By Ukrainian Businesses Expropriated In The Crimea
Collective Arbitration Against Russia By Ukrainian Businesses Expropriated In The Crimea Is collective arbitration against Russia for the expropriations of Ukrainian assets occurring in Crimea possible? An article in the New York Times dating from 11 January 2015 notes that the plunder of Ukrainian-owned assets is continuing in the Crimea on a large scale today. Armed forces known as the “people’s militia” are invading […]
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation
Yukos Owners Win Largest Arbitration Award In History Against Russia For “Devious And Calculated” Expropriation. Yukos’ owners have won the largest arbitration award in history against Russia for what was determined by an international arbitration tribunal to be a “devious and calculated” expropriation of its assets. Russia has been ordered to pay over USD 50.2 billion to […]
Belarusian Institute for Strategic Studies Reports On Dispute Against Belarus
Below, please find a recent article about our client’s investment dispute against the Republic of Belarus, which concerns his wrongful imprisonment for six years in inhuman conditions, following the expropriation of his seamless steel tube plant, located in Gomel, with no compensation. – William Kirtley A Ukrainian businessman and his Swiss company accuse Belarus of […]