Margarita R. Sánchez’s Post

Balkans Round-Up: Threats of treaty disputes, stay of pair of LCIA arbitrations, FOI developments, and other arbitration-related updates involving countries of the region - https://lnkd.in/gJgb8u5q

💠 Mrs. Gulnur Nurkeyeva, Managing Partner and Head of China office at GRATA International, delivered a speech at the conference “Leading International #DisputeResolution in the #MiddleCorridor”. The event was held on November 19, 2024, in Astana, organized by the Astana International Financial Center Court (#AIFC Court), the International Arbitration Center (#IAC) and the #China International Economic and Trade Arbitration Commission (#CIETAC). In her speech, Gulnur Nurkeeva addressed the enforcement of arbitral awards in the Republic of Kazakhstan. Participants, including representatives of the IAC and the CIETAC management, discussed key aspects of the arbitration systems of Republic of Kazakhstan and the People's Republic of China, upcoming legislative reforms, the IAC and the CIETAC regulations, and the enforcement of arbitral awards in both jurisdictions. The conference featured a lively discussion format, fostering experience exchange and identifying current trends in international arbitration. 🔗 Read more on our website using the link → https://buff.ly/3V31hbZ

🔎 The landscape of arbitration is constantly changing. There are some rulings that have shaped the doctrine of arbitration and have been widely commented and analyzed (e.g. Dutco or Enka v Chubb). There is another ruling that may have the same impact, however not because of its merits, but because of the controversy it has generated.   In its decision of 26 July 2024 (Case No. 304-ES24-2799, No. A45-19015/2023), the Supreme Court of the Russian Federation annulled an arbitral award against a company domiciled in Russia on the grounds that it was contrary to Russian public policy (ordre public), because it was issued by arbitrators who were citizens of Ukraine, the United Kingdom and Denmark. Check out the 📝#article titled „ARBITRATION | Russian Supreme Court rules that foreign arbitrators may be impartial” published on the Chambers and Partners website, authored by Maciej Durbas and Angelika Ziarko. Click here to read the article ➡️ https://lnkd.in/dAgxtrnv #MaciejDurbas #AngelikaZiarko

Unpacking the Who, Where, and Why of How The French Court Authorised a Chinese Firm to Seize Three Nigerian Presidential Aircrafts - TEMPLARS A French court has ordered the seizure of 3 Nigerian presidential jets, enforcing a $70M arbitral award from a 2021 dispute with Chinese firm Zhongshan Fucheng. This unprecedented move highlights escalating global finance and international law tensions, raising serious questions about Nigeria’s legal and diplomatic strategies.

WAR RISKS AND REMEDIES POLAND /UKRAINE - PANEL DISCUSSION I look forward to attending the EFNI Sopot Conference 2024 with my colleague Peter Deegan . The European Forum for New Ideas is one of the most prominent events in this region, focusing on global trends, innovative ideas, and the future of Europe. On October 18th, 2024, from 2pm - 3.00pm I will join the panel discussion: “Business goes to court: needs, alternatives, opportunities,” alongside Mariusz Haładyj, President of the General Prosecutor’s Office of Poland, Agnieszka Siedlecka-Andrychowicz from the Polish Confederation Lewiatan, and Paweł Dziekoński, Vice-President of the Fakro Group. The session will be moderated by Professor Katarzyna Bilewska, Partner at BLSK Law Firm. I will be speaking on the legal claims available to Polish and Ukrainian/other investors —whether state owned, private entities, or individuals—to recover losses and damages related to the war in Ukraine. This includes domestic and cross-border litigation against the Russian Federation and its state owned entities, as well as through international legal dispute resolution mechanisms such as bilateral investment treaties and the 1958 New York Convention for the enforcement of foreign arbitral awards. I will also cover potential causes of action, avenues for redress, and the impediments such as sovereign immunity defences, Russian countermeasures, challenges to enforcement proceedings and other legal defences. The panel will explore the tools for dispute resolution . The discussion will also consider the question whether there a need for a specialised forum to resolve investment disputes? For more information, visit the EFNI website: EFNI – Europejskie Forum Nowych Idei #wordleypartnership #EFNI2024

RUSSIA APPROVES PROCEDURE FOR CONFISCATION OF ASSETS OF HOSTILE COUNTRIES Russia will be able to seize the assets of residents of hostile countries that have unreasonably confiscated the property of the Russian Federation. The corresponding legislative changes have already been agreed with the relevant departments, experts say. The initiative was developed to implement the Decree of the Russian President, which provides for the procedure for compensation for damage caused to the country due to hostile actions of the United States. At the same time, the legislative mechanism can be used against other hostile states. Foreign assets will be able to be transferred to state ownership: their list will be compiled by the Government Commission on Foreign Investments. And the decision itself will be made in the same way as in regular confiscation procedures, through an arbitration court.

🌊💡 In an interview with GMA Network, Inc., Carl Baker, Executive Director of Pacific Forum, shared insights on the South China Sea dispute. Baker underscored the Philippines' opportunity for a second arbitration against China's claims, citing UNCLOS violations. Dive into the full article to explore this critical geopolitical issue further: https://lnkd.in/gCWpfKhx #SouthChinaSea #UNCLOS #Geopolitics #IndoPacific #PacificForum

Defence of Sovereign immunity: A clog in the enforcement of foreign arbitral awards. The concept of state immunity is a long-standing principle under international law. I would not want to delve into this in this post. Given that globalization and trade liberalization are widely encouraged, states participate in commercial transactions with private entities locally and internationally. Conflicts are inevitable especially in commercial transactions therefore making arbitration a preferred option of dispute resolution. The bedrock of arbitration is party autonomy and even the courts are bound to respect it. But what happens when state parties continue to hide under the toga of sovereign immunity? Recently, a U.S. court of appeal rejected Nigeria’s sovereign immunity defense to the enforcement of a US $ 70 million investment treaty won by a Chinese investor in a free trade zone. It’s been increasingly difficult to enforce foreign arbitral awards due to the involvement of foreign state parties. Whilst some scholars argue that sovereign immunity protects a state’s sovereignty others are of a contrary view. In my view, where the underlying contract upon which the arbitration is founded is of purely nature, then such awards such be enforced. NICArb Arbitrators Association of Young Arbitrators Global Arbitration Review LCA Young Arbitrators Network (YAN) ICMC - Institute of Chartered Mediators and Conciliators CIArb Nigeria #disputeresolution #arbitrators #conflictmanagement #linkedlnlawyers

Taking stock of the past 6 months, I am delighted to get my article published in the Journal of International Trade and Arbitration Law (JITAL). If you are interested in the #ISDS and investment treaty reform, you will find this piece helpful as it looks into provisions of the new Ukraine - Türkiye BIT and compares it to the "old generation" one. Part of the article builds upon my PhD dissertation which makes me feel even more delighted about this publication. Many thanks to Müslüm Yilmaz for inviting me to contribute and for his supervision within this project and beyond. Please see the link to JITAL and the latest edition's table of contents in the first comment below. #disputesettlement #investmentlaw #investmentarbitration #Ukraine #Türkiye