On 7 February 2022, the International Center for Settlement of Investment Disputes (“ICSID”) released its Caseload Statistics for 2021 (Issue 2022-1), based on the cases registered or administered by ICSID as of 31 December 2021. As previously noted (see ICSID Caseload Statistics for FY2020), ICSID publishes its reports on ICSID caselaw statistics bi-annually, examining all […]
Expropriation in Investment Arbitration
Expropriation in investment arbitration concerns two notions: (1) each State’s right to exercise sovereignty over its territory and (2) each State’s obligation to respect properties belonging to foreigners. The first means that a State may, in special circumstances, expropriate a foreign investor’s property. The second means that the expropriation of foreign-held properties will only be […]
Ukraine’s ICJ Claim Against Russia Under the Genocide Convention
On February 26, 2022, Ukraine filed a claim against Russia before the International Court of Justice to institute proceedings in connection with the military operations commenced by the Russian Federation in Ukrainian territory on February 24.[1] The application is based on Article IX of the 1948 Genocide Convention,[2] according to which the International Court of […]
A Single Notice of Arbitration Validly Commenced an Arbitration Where There Were Multiple Contracts
The English Commercial Court dismissed a jurisdictional challenge under Section 67 of the Arbitration Act 1996 in LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3473 (Comm) and held that a single Notice of Arbitration validly commenced an arbitration where there were two contracts, each containing a separate arbitration agreement. Background LLC Agronefteprodukt (the “Sellers”) agreed to sell […]
English Court Upholds Arbitration Award of Third-Party Funding Costs
In a decision dated 7 December 2021 in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. [2021] EWHC 3301 (Comm) (“Tenke v. Katanga”), concerning a challenge under Section 68 of the 1996 Arbitration Act (the “Arbitration Act”) for serious irregularity, the English High Court upheld a 2021 London-seated, ICC arbitration Final Award, in which Tenke […]