The threshold for challenging awards and their enforcement in the UK remains high, a key reason why London remains one of the busiest arbitration venues in the world and a key jurisdiction for the enforcement of arbitral...more
As all eyes focus on peace talks and the future of the Russia/Ukraine conflict, Russia recently suffered another defeat in the long running Yukos saga, with the English Court of Appeal confirming that Russia could not invoke...more
The wave of Russian sanctions imposed since the invasion of Ukraine has led to counter measures by the Russian state which are now having significant practical consequences for parties caught up in disputes with Russian...more
On October 30, 2024, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned 19 Indian private sector entities and two Indian nationals for facilitating the circumvention and evasion of US...more
In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to:
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The Energy Charter Treaty (ECT) is a multi-nation investment treaty which protects investors from the nationalization of assets and other arbitrary and discriminatory state conduct made at the expense of investments in the...more
In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the...more
English courts possess broad powers to ensure parties that agree to arbitrate are held to their agreement. This includes the ability to grant a stay of proceedings under s.9 of the Arbitration Act 1996 (“the AA 1996") if...more
The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is...more
On 21 July 2023, as part of its 56th annual session in Vienna, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution (the...more
The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more
7/21/2023
/ Arbitration Awards ,
Attorney's Fees ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Arbitral Awards ,
Foreign Judgments ,
Foreign Jurisdictions ,
International Arbitration ,
Racketeering ,
RICO ,
RJR Nabisco v European Community ,
SCOTUS ,
Treble Damages ,
Yegiazaryan v Smagin
Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more