Topic: Issue conflicts

Double-hatting: prohibition or regulation?

Baiju Vasani and Julia Cayre of Ivanyan and Partners consider recent proposals to address “double-hatting” in investment arbitration and warn that prohibiting the practice entirely could create more problems than it solves.

18 November 2021

UK court enforces award against Ukraine despite “illegality”

Ukraine has failed to overturn the enforcement of a US$112 million investment treaty award won by Russian oil and gas producer Tatneft – despite a finding by the Commercial Court in London that the majority of the damages awarded related to an illegal purchase of shares.

24 November 2020

Germany fails in second challenge to Vattenfall panel

Germany has failed in a second attempt to disqualify the ICSID tribunal hearing a €4.7 billion claim brought by Swedish company Vattenfall over its phase-out of nuclear energy – after arguing that an arbitrator’s failure to disclose an alleged issue conflict and the tribunal’s refusal to delay a hearing in the face of the covid-19 pandemic showed bias.

09 July 2020

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