...conduct of the parties. Unreasonable and disruptive behaviors can be penalized through cost shifting and cost awards. In Generation Ukraine v. Ukraine, the claimant failed in its claims and had...
...the most compelling evidence.[14] For instance, in Tokios Tokeles v. Ukraine, the Claimant alleged conspiracy (“nayizd”) that harmed it as a private company.[15] The tribunal applied the “preponderance of evidence”...
Author: William R. Spiegelberger* Published: July 2015 Jurisdiction: Russia Ukraine Europe Topics: Enforcement of Arbitral Awards Grounds for Refusal of Enforcement Description: I. OVERVIEW In 2014 the Russian courts entertained...
...targeted state in the form of sanctions. This can be seen in instances such as the U.S. and the E.U. imposing sanctions on Russia following the events in Ukraine in...
...including technically complex Greek–Turkish maritime and airspace disputes, or the design of asset‑backed mass‑claims mechanisms for Ukrainian reparations building on the existing Register of Damage in relation to the Russia/Ukraine...
Authors: Shelal Lodhi Rajput* Jurisdiction: Russia Ukraine United Kingdom Topics: Arbitral Awards Bias In a world where borders blur and economies intertwine, the ripples of political decisions travel far beyond...
...asset freeze, though formally temporary, may ultimately become functionally equivalent to an indirect expropriation. The unprecedented expansion of restrictive measures following Russia’s full-scale invasion of Ukraine has given rise to...
...and Foreign Judgments in Ukraine Helen Z. Kryshtalowych and Claudia T. Salomon Arbitral & Judicial Decisions Another Judicial Misstep in Correcting an Arbitral Award Hans Smit Notes & Comments Online...
Authors: Roman Chapaev and Veronica Bradautanu** Published: March 2008 Jurisdictions: Armenia Kazakhstan Kyrgyz Republic Mongolia Russia Uzbekistan Belarus Republic of Georgia Republic of Moldova Ukraine Azerbaijan Tajikistan Topics: Commercial Disputes...
...2025). [12] Id at 18. [13] Id at 24. [14] In Tatneft v. Ukraine, 771 Fed. App’x 9 (D.C. Cir. 2019), cert. denied, 140 S. Ct. 901 (2020), the court...
...incurring liability. Russia’s war against Ukraine has generated a fresh surge of commercial and investment claims, testing doctrines such as force majeure and changed circumstances (rebus sic stantibus) in disputes...
...and Reciprocal Protection of Investment art.6(2)(b), Jan. 19, 1993, available at https://investmentpolicy.unctad.org/international-investment-agreements/treaty-files/1864/download; Agreement between the Government of the Republic of Kyrgyzstan and the Government of Ukraine on the promotion and...
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