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On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine which had been issued in arbitration proceedings conducted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”).[1] Factual background In the case decided by the Supreme Court, the Ukrainian investor Eugene Kazmin tried to avoid the enforcement of an ICSID cost award in…

As reported on this blog[1], in 2020 the Russian State Duma adopted the Law No. 171-FZ “to protect the right to access to justice of sanctioned parties.” The law presumes that sanctions adversely affect the position of sanctioned Russian individuals and legal entities in foreign court or arbitral proceedings and create the risk that sanctioned parties will not receive the same level of protection as their opponents. Consequently, Law 171-FZ entitles a sanctioned party to…

The Austrian Supreme Court (Oberster Gerichtshof,”OGH”) dealt in its decision under the docket 18 OCg 1/19z with an application to set aside an arbitral award issued by an ad hoc arbitral tribunal under the UNCITRAL Arbitration Rules. The OGH dismissed the invoked violation of procedural ordre public. It held that the applicant was precluded from relying on defects in the arbitral tribunal’s reasoning because it did not file a request for clarification. Factual background The present…

After the invasion of Crimea and Donbas in 2014, several countries imposed economic sanctions on the Russian Federation and on Russian companies. The sanctions have been tightened after Russia’s invasion of Ukraine. An end to the sanctions and to a possible further tightening is not in sight. The sanctions had and continue to have a significant impact on international arbitration: a counsel may no longer be able to represent Russian parties, the appointment of arbitrators…