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GAR Awards 2017 – Most important decision

09 March 2017

GAR Awards 2017 – Most important decision

GAR continues its publication of shortlists for awards that will be open to the public vote, ahead of this year's awards ceremony in Milan.

The 2017 Awards will take place at the Palazzo Parigi Hotel on 29 March, two days before the IBA International Arbitration Day. The black-tie event, to raise money for the Swawou School Foundation in Sierra Leone, will once again include a drinks reception and dinner and the unveiling of this year’s GAR 30.

Details to register for the event can be found here

The nominations for most important reported or published decision are below, with links to the relevant GAR story where available. The decision may be important in jurisprudential terms, for its impact on the parties or geopolitics, for the development of a particular jurisdiction, or for the practice or reputation of arbitration in general. Some of the GAR reports include links to the original decision.

A voting form will be published on the GAR website later this week so you can cast your vote.

  • An ICSID committee rules the Micula brothers' US$376 million award against Romania will stand, rejecting both the state's arguments for annulment and an amicus curiae submission by the European Commission (February 2016)

  • In a spectacular reversal of fortune for Russia, a court in The Hague sets aside the US$50 billion Energy Charter Treaty awards in favour of the former majority shareholders in the Yukos Oil Company on jurisdictional grounds (April 2016)

  • In one of the largest awards in ICSID’s history, Canadian mining company Crystallex wins more than US$1.38 billion in a third-party funded claim against Venezuela over a gold-mining project (April 2016)

  • EDF defeats claims over the controversial sale of its stake in a power company to the German federal state of Baden-Württemberg after an ICC tribunal ruled that there was no state aid involved and that the claims were an abuse of European law (May 2016)

  • Lithuania fails in a US$2 billion claim after a Stockholm tribunal rejects arguments that Gazprom as the state's monopoly gas supplier charged “unfair prices” (June 2016)

  • France’s highest court upholds the annulment of a controversial arbitral award in favour of businessman Bernard Tapie after ruling that the case was fraudulently conducted (June 2016)

  • An ICSID tribunal rules that there is no inconsistency between the Energy Charter Treaty's arbitration provisions and EU law, and that, even if they were in conflict, the ECT would prevail (July 2016)

  • An ICSID tribunal rejects Philip Morris’s claim against Uruguay, upholding the state’s right to regulate the packaging of cigarettes on public health grounds (July 2016)

  • In one of the most politically sensitive international arbitrations to date, the South China Sea maritime boundary dispute ends with a ruling in favour of the Philippines, as China continues to reject the case's legitimacy (July 2016)

  • An Israeli state-owned entity loses its challenge against a US$1.12 billion award that compensates Iran’s national oil company for crude oil deliveries made just before the Iranian revolution of 1979 (July 2016)

  • Romania loses a US$1.2 billion ICC claim it brought against Italian electricity company Enel, described as the country’s largest ever arbitration (July 2016)

  • The US Court of Appeals for the Second Circuit affirms and enforces a US$300 million award against Mexico's national oil company Pemex, despite it being set aside in the seat of arbitration, Mexico (August 2016)

  • Canadian gold mining company Rusoro Mining wins a third-party funded treaty claim against Venezuela, receiving an award totalling over US$1.2 billion (August 2016)

  • In one of the first arbitral awards of the Rio Olympics, on-site arbitrators rule that the International Olympic Committee breached natural justice when it ruled that Russian athletes cannot compete if they have been sanctioned for doping in the past (August 2016)

  • In the first decision of a UK court on the issue, the English Commercial Court upholds a partial award of ICC arbitrator Sir Philip Otton allowing a party to recover its third-party funding costs (September 2016)

  • Nineteen years after the dispute began, a second ICSID tribunal refuses to grant monetary compensation to 101-year-old Spanish publisher Victor Pey Casado for the loss of his publishing business under the Pinochet regime (September 2016)

  • For the first time in ICSID’s history, a tribunal reconsiders one of its decisions after finding it had been misled in a dispute over a Tanzanian power plant (September 2016)

  • In one of the largest commercial arbitrations of recent times, Telecom Italia defeats a US$15 billion ICC claim brought by former business partners in Brazil (October 2016)

  • An UNCITRAL tribunal orders Belize to pay US$171 million for nationalising a telecoms company, in a case that was halted for four years owing to a Belizean court injunction and more recently has been uncontested because of a settlement (October 2016)

  • An ICC tribunal grants Turkish state pipeline company BOTAŞ a retroactive cut in the price of gas from Iran worth several billion dollars (November 2016)

  • Delhi's High Court offers interim relief in similar terms to a SIAC emergency award (November 2016)

  • India’s Supreme Court rules arbitrations with an appeal-like procedure are valid and their awards can be enforced (December 2016)

  • An ICSID tribunal holds Egypt is liable for expropriation and other treaty breaches – in one of four politically sensitive cases arising from pipeline attacks that interrupted Egyptian gas supplies to Israel during the Arab Spring (February 2017)

  • Spanish Supreme Court declares two arbitrators professionally liable and orders them to reimburse part of their fees (February 2017)

  • An ICSID tribunal finds that Venezuela failed to provide compensation for the seizure of an investment related to fracking but only laid out the principles on which quantum would be calculated, not the amount (February 2017)

  • The decade-long ConocoPhillips-Ecuador dispute ends with damages for both sides (February 2017)

  • A Paris court sets aside an award against Kyrgyzstan issued by a Jan Paulsson-led tribunal, ruling that the bank at the heart of the dispute had facilitated money laundering (February 2017)

  • Djibouti loses its claim against a Dubai state-owned ports operator after an LCIA tribunal rejects allegations that a concession to operate Africa’s largest container terminal was secured through bribery (February 2017)

  • One of the second wave Yukos arbitrations reaches a jurisdictional award holding that Russia is bound by the provisional application of the Energy Charter Treaty, contrary to the ruling of a Dutch court that set aside the US$50 billion awards (February 2017)

  • An ICANN panel upholds the Gulf Cooperation Council's challenge to the name of a planned internet domain aimed at the international Persian community despite opposition from Arab states (January 2017)  

  • The UK Supreme Court overturns a ruling requiring Nigeria’s national oil company to provide security as a condition of challenging the enforcement of a US$340 million award (March 2017)

The GAR Awards will take place at the Palazzo Parigi Hotel in Milan on 29 March. 

Further information is available here and inquiries may be sent to events@globalarbitrationreview.com

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