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On 21 March 2022, the member states of the International Centre for the Settlement of Investment Disputes (ICSID) approved wide-ranging amendments to the ICSID Regulations and Rules, which will come into effect on 1 July 2022. The approved amendments are the product of a rule amendment project which commenced in October 2016, pursuant to which … Read more
In the recent decision of Koza Ltd & Mr Ipek v Koza Altin Isletmeleri AS [2020] EWCA Civ 1018, the English Court of Appeal (“Court”) by a 2-1 majority has upheld an injunction granted by the English High Court earlier this year, restraining Koza Ltd (“Koza”), a UK-based company, from providing funding for an ICSID … Read more
On 29 August 2020, the Agreement for the Termination of Bilateral Investment Treaties (the “BITs”) between the Member States of the European Union (the “EU”) (the “Termination Agreement”) entered into force. As discussed in one of our previous blog posts, the Termination Agreement was signed on 5 May 2020 by 23 EU Member States. In … Read more
On 5 May 2020, 23 Member States of the European Union (the “EU”) signed an Agreement to terminate the Bilateral Investment Treaties (“BITs”) between them (the “Termination Agreement”). Read more
In a recently surfaced judgment, the Malaysian High Court in Government of Malaysia v Nurhima Kiram Fornan & Ors (Originating Summons No. BKI-24NCvC-190/12-2019 (HC2)) for the first time granted an anti-arbitration injunction to restrain foreign arbitration proceedings on the basis of sovereign immunity. In a post on our Arbitration Notes blog, Peter Godwin and Daniel … Read more
In the recent case of Koza Limited, Mr Ipek v Koza Altin Isletmeleri AS [2020] EWHC 654 (Ch) (subscription required) the English High Court granted an injunction against a UK-based company, Koza Limited, restraining it from providing funding for an ICSID arbitration brought by another UK corporation, Ipek Investment Limited (IIL), against Turkey. Background Facts … Read more
The English High Court’s decision in State A v Party B [2019] EWHC 799 (Comm), handed down in January 2019 but only recently published, concerned the court’s dismissal of an application to extend the time for bringing a jurisdictional challenge under section 67 of the Arbitration Act 1996 in circumstances where the challenge was 959 … Read more
The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine. Ukraine argued that it was immune from the Court’s jurisdiction by virtue of the State Immunity Act 1978. The Court found that Ukraine had not waived … Read more
In the decision of Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English Commercial Court (the Court) considered a number of challenges to an arbitration award brought under sections 67, 68 and 69 of the Arbitration Act 1996 (the 1996 Act). In relation to certain of the challenges … Read more
