Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]
A Short Analysis of the Kılıç Ad-Hoc Committee’s Decision on Annulment: Can an Investor Directly Apply to International Arbitration without Resorting to Local Courts?
By Turgut Aycan Özcan & Timuçin Demir Everything concerning the Kılıç Ad-Hoc Committee’s Decision on Annulment of course started with the decision rendered in the ICSID case between a Turkish construction company, Kılıç İnşaat İthalat İhracat Sanayi ve Ticaret Anonim Şirketi (“Kılıç”), and Turkmenistan. Kılıç had filed an ICSID case (ICSID Case No. ARB/10/01) against Turkmenistan […]
Overview of the Yukos Arbitration
OVERVIEW OF THE YUKOS ARBITRATION Few arbitration awards in the past years have attracted as much attention as the Yukos arbitration between shareholders of the company and the Russian Federation. After 10 years of proceedings, on 18 July 2014, the Tribunal issued a 600-page award awarding USD 50 billions in damages, legal fees of USD […]
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 […]