RUSSIAN COURTS TO HAVE EXCLUSIVE JURISDICTION OVER SANCTIONED PERSONS

On 8 June 2020, the Russian President signed a new federal law (No.171-FZ), which will significantly change the dispute resolution landscape involving Russian sanctioned individuals and entities. It will come into force on 19 June 2020. It is significant as it provides for exclusive jurisdiction of the Russian state arbitrazh (commercial) courts with respect to … Read more

SURVIVAL CLAUSE UNDER AUS-INDO BIT WILL NOT SURVIVE THE IMPLEMENTATION OF IA-CEPA

The Indonesia-Australia Comprehensive Economic Partnership Agreement (“IA-CEPA”) will enter into force on 5 July 2020. We have previously discussed the IA-CEPA’s provisions in detail (see here) and the progress of its implementation (see here). Since our last post, the IA-CEPA has been ratified by the Indonesia and Australian parliaments and steps have been taken to … Read more

ENGLISH COURT CONSIDERS CHALLENGES TO A FURTHER AWARD MADE AFTER REMISSION TO THE TRIBUNAL FOLLOWING AN EARLIER SUCCESSFUL CHALLENGE

In Reliance Industries Ltd and another company v The Union of India [2020] EWHC 263 (Comm), the English Commercial Court (the “Court”) considered a series of challenges under sections 67 and 68 of the Arbitration Act 1996 (the “Act”) to a further award (the “Further Award”) made on issues remitted to the Tribunal after earlier … Read more

PARIS COURT OF APPEAL REFUSES TO SET ASIDE AN AWARD AND CONFIRMS THAT AN ARBITRAL TRIBUNAL DOES NOT EXCEED ITS MANDATE WHEN APPLYING UNIDROIT PRINCIPLES TO DECIDE ON THE MERITS OF A DISPUTE

In a judgment issued on 25 February 2020, the Paris Court of Appeal (the “Court”) refused to set aside an ICC award, dismissing all four grounds of annulment on which the claimant relied (Cour d’appel de Paris, 25 February 2020, n° 17/18001). The judgment, which reiterates well-established principles of French arbitration law, is a helpful … Read more

COURT OF APPEAL REFUSES TO ENFORCE AN ARBITRATION AWARD AGAINST A NON-PARTY

In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2020] EWCA Civ 6, the English Court of Appeal refused the enforcement and recognition of an arbitral award handed down by an ICC Tribunal seated in Paris, on the basis that the award was made against a non-party. This case provides helpful guidance on two significant … Read more

RECENT DEVELOPMENTS IN “CRIMEAN” INVESTMENT ARBITRATION CLAIMS

As we previously reported[1], the events of 2014 in Crimea have, aside from their geopolitical impact, also resulted in numerous investment arbitration claims being brought against Russia by Ukrainian companies in relation to their assets and investments in Crimea.  While these cases are ongoing, and while there are limited details in the public domain, the … Read more