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Gazprom fails in challenge to first Naftogaz award
November 29, 2019
A Swedish court has rejected a challenge by Gazprom to an SCC award favouring Ukrainian state entity Naftogaz in a multibillion-dollar gas dispute - with hearings scheduled for next year on challenges to two further awards. In a judgment on 27 November, the Svea Court of Appeal rejected an application by Gazprom to partially set aside the SCC award. The court upheld the arbitrators' decision to invalidate volume and "take or pay" provisions in a gas supply agreement with Naftogaz, which had resulted...
Ukraine's ICJ claim against Russia clears hurdle
November 11, 2019
The International Court of Justice has ruled it can hear claims by Ukraine concerning Russia's alleged support of terrorism in eastern Ukraine and mistreatment of non-Russian communities in Crimea. In a judgment on 8 November, the ICJ rejected all Russia's preliminary objections to the case brought under international conventions against the financing of terrorism and racial discrimination. The court found that it had subject-matter jurisdiction over the dispute, that the procedural preconditions...
Mauritius and Maldives take boundary dispute to UN court
Premium article - October 23, 2019
Mauritius and the Maldives have agreed to have a dispute over their maritime boundary in the Indian Ocean resolved by a special chamber of a UN court in Hamburg rather than by arbitration. The International Tribunal of the Law of the Sea (ITLOS) in Hamburg issued an order on 27 September for the constitution of a nine-strong special chamber to hear the dispute. The chamber will be chaired by ITLOS president Jin-Hyun Paik of Korea, and include judges José Luis Jesus of Cape Verde, Jean-Pierre Cot...
Iran denied interest on ICC award because of EU sanctions
Premium article - July 25, 2019
An English court has ruled that a UK government-owned supplier of military vehicles is not liable to pay interest on a £128 million award in favour of Iran's Ministry of Defence that has accrued while it has been subject to EU sanctions. In a judgment on 24 July, Mr Justice Phillips in the Commercial Court held that EU law precluded Iran's Ministry of Defence, or Modsaf, from enforcing the interest component of the award in respect of the period beginning in 2008, when sanctions targeting the ministry...
Switzerland must post security for release of vessel and crew
Premium article - July 12, 2019
A UN court in Hamburg has ruled that Switzerland must post a bond of US$14 million to secure the immediate release of an oil tanker and four of its crew detained by the Nigerian navy more than a year ago, until an arbitral tribunal decides whether their detention violated the law of the sea. In an order on provisional measures issued on 6 July, the International Tribunal for the Law of the Sea (ITLOS) also said Switzerland must undertake to ensure that the four Ukrainian crew members return to face...
Russia challenges Crimea awards and changes strategy
June 06, 2019
Russia has applied to the Swiss courts to annul a pair of investment treaty awards in favour of Ukrainian investors who had their assets seized in Crimea - as the state announces it has reversed its policy of not participating in arbitrations arising from its annexation of the territory five years ago. Russia's ministry of justice announced on 4 June that it had lodged applications with the Federal Supreme Court of Switzerland to set aside a pair of UNCITRAL awards worth a combined US$80 million...
Russia ordered to release Ukrainian vessels and crew
Premium article - May 28, 2019
A UN court has ordered Russia to release three Ukrainian naval vessels and 24 servicemen that were detained last year in waters adjacent to Crimea - as Ukraine pursues an arbitration over their seizure. In a provisional measures order published on 25 May, the International Tribunal for the Law of the Sea (ITLOS) in Hamburg voted 19-to-1 that Russia should immediately return the vessels and servicemen to the custody of Ukraine. Although the court declined to order the suspension of criminal proceedings...
Ukraine seeks order for release of vessels and crew
Premium article - April 18, 2019
Ukraine has initiated arbitration against Russia over its continued detention of three Ukrainian naval vessels and 24 servicemen following an incident last year in waters adjacent to Crimea - and has asked an international court for provisional measures to ensure their immediate return. In a statement on 16 April, Ukraine's Ministry of Foreign Affairs said it had filed a request for provisional measures that day with the International Tribunal for the Law of the Sea (ITLOS) in Hamburg seeking the...
New phase of "gas wars" begins in Stockholm
Premium article - January 31, 2019
A newly formed tribunal at the Stockholm Chamber of Commerce has begun hearing the latest iteration of a multibillion-dollar dispute between Ukraine's Naftogaz and Russia's Gazprom over long-term contracts for the supply and transit of gas. GAR can reveal the tribunal is chaired by Claes Lundblad, partner at Lundblad & Zettermarck in Stockholm. Gazprom has appointed Norwegian Sondre Dyrland, a partner at Wiersholm in Oslo specialising in oil and gas law. The Ukrainian state entity's arbitrator is...
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