Tag Archives: res judicata

English Court Stays Enforcement of Micula ICSID Award Against Romania

In Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) the English High Court stayed enforcement of a 2013 ICSID award in favour of Swedish investors Ioan and Viorel Micula against Romania (the "Award"), but refused to set … Continue reading

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Filed under Arbitration Act 1996, Enforcement, Enforcement - Europe, EU, EU Law, Europe, Investment Arbitration, Stays

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven tribunal considered issues of res judicata and the customary international law minimum standard of treatment. In a case notable for its discussion of res judicata and the … Continue reading

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Filed under Investment Arbitration, The Americas

Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts – the Belco Rule can be hard to swallow

In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY) recently issued a judgment compelling Citigroup to arbitrate for a second time its dispute with … Continue reading

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Filed under Awards, The Americas