ICC Arbitration’s Post

The latest edition of our International Arbitration in CEE/SEE Guide is now available! The updated Guide provides a comprehensive overview of arbitration procedures and enforcement of foreign arbitral awards across all of our 13 jurisdictions. Recognizing the growing importance of arbitration in key sectors, the Guide now also includes dedicated chapters on energy, construction, post-M&A, and investment arbitration. 👇

Ukrhydroenergo has initiated investment arbitration proceedings against the russian federation The president, the government, and other authorised bodies of russia received the notice of dispute. The company's actions aim to compensate for the losses caused by the destruction of the Kakhovka hydroelectric power plant. The company believes that initiating international arbitration process is the most promising way to compensate for the losses from the terrorist attack on the Kakhovka HPP. Ukrhydroenergo relies on the successful experience of Ukrainian companies in resolving investment disputes after the annexation of Crimea and the international recognition of investment arbitration awards. The basis for initiating the process is the 1998 Agreement on the Promotion and Reciprocal Protection of Investments between the governments of Ukraine and russia, which expires on 27 January 2025. Under the terms of the agreement, Ukrhydroenergo completed the mandatory stage of sending a dispute resolution notice before filing a claim. Once the six months cooling off period expires, Ukrhydroenergo will initiate the arbitration. It is worth reminding that on the night of 06.06.2023 at 2:50 am, the russian occupiers carried out a terrorist attack with the explosion of the Kakhovka hydroelectric power station facilities, which destroyed the Kakhovka HPP. With the assistance of the Energy Community Secretariat and the participation of two law firms, the company is developing a high-level litigation and arbitration strategy to hold the russian federation accountable for the targeted attacks on the company's infrastructure and assets, including the destruction of the Kakhovka HPP. The notice of dispute was prepared in cooperation with a high-level international law firm and the Secretariat under the Ukraine Legal Support Platform initiative. #KakhovkaHPP #Ukrhydroenergo

Istanbul Arbitration Week 2024 🗓 30 September - 4 October 2024  🌐 İstanbul, Türkiye 🔗 https://istaw.com/ Istanbul Arbitration Week (ISTAW), hosted by the Energy Disputes Arbitration Center (EDAC), is a prestigious international arbitration event comprising a series of sessions focused on international investment, trade, and arbitration. TOPICS: 🔴 Future Trends in International Arbitration: What to Expect 🔴 Construction 4.0: The Future of Construction Arbitration 🔴 Impact of Sanctions on Cross-Border Commercial Disputes 🔴 Renewable Energy Revolution: Challenges and Opportunities in Arbitration 🔴 Maritime Arbitration: Navigating International Waters  🔴 Women Leaders: Breaking Barriers and Shaping the Future 🔴 Energy Transition and the Rise of Decentralised Energy: Implications for Arbitration 🔴 Disputes in Mega Infrastructure Projects: Lessons Learned and Best Practices 🔴 Investment Arbitration in Emerging Markets: Opportunities and Risks 🔴 The Future of the Energy Charter Treaty for Non-EU Members 🔴 Construction Disputes in the Digital Age: Arbitration Strategies 🔴 AI and IT in Arbitration: Enhancing Efficiency or Compromising Fairness? 🔴 The Evolution of Sports Arbitration: Fair Play and Governance 🔴 Integrating ESG Principles into Arbitration: The Next Frontier 🔴 Young ISTAW: Shaping the Future of Arbitration 🔴 Dubai as a Preferred Seat of Arbitration in the MEASA Region More information about the Program https://istaw.com/program/ Registration https://istaw.com/

Istanbul Arbitration Week is excited to announce the key topics for the upcoming Istanbul Arbitration Week 2024. This year's event will delve into a wide array of sectors and issues, providing valuable insights and discussions for all attendees. Some of the key topics include: • Renewable Energy Revolution: Arbitration Challenges and Opportunities • Construction 4.0: The Future of Construction Arbitration • Disputes in Mega Infrastructure Projects: Lessons Learned and Best Practices • Mining Arbitration: Challenges and Opportunities • Maritime Arbitration: Navigating International Waters • The Evolution of Sports Arbitration: Fair Play and Governance • Integrating ESG Principles into Arbitration: The Next Frontier • Finance Arbitration: Resolving Disputes in International Finance • AI and IT in Arbitration: Enhancing Efficiency or Compromising Fairness? There will be further detailed updates on the agenda and guest speakers over the coming weeks and months leading up to the conference on both LinkedIn and the official website: https://lnkd.in/emJ3WeHU The Istanbul Arbitration Week 2024 promises a feast of insightful discussions, networking opportunities, and professional growth. If you are interested in attending as a delegate or sponsorship you can contact [email protected]. #ISTAW2024 #Arbitration #istanbul #turkiye #legalevents #law #mentorship Suleyman BOSCA

Iran's Final Warning to Pakistan: What It Means for International Arbitration and Dispute Resolution Iran has recently issued a final warning to Pakistan over the long-standing gas pipeline dispute, threatening to escalate the matter to the International Court of Arbitration (ICA) if Pakistan fails to complete its section of the pipeline by the impending deadline. This development underscores the crucial role of arbitration in resolving international disputes, especially those involving significant financial stakes and geopolitical implications. The Dispute: The cross-border gas pipeline project, spanning 1,900 kilometers from Iran to Pakistan, is pivotal for Pakistan's energy needs, as its own gas reserves are projected to deplete in just over a decade. Iran has invested approximately $2 billion in constructing its 1,150-km section of the pipeline, which was completed and inaugurated in 2013. However, Pakistan's portion remains incomplete due to challenges, including US sanctions on Iran and the invocation of a force majeure clause by Islamabad citing uncontrollable circumstances. Understanding Arbitration and the ICA: Arbitration is a form of alternative dispute resolution where disputes are resolved outside of traditional court systems. It involves appointing an arbitrator or a panel of arbitrators who make binding decisions on the matter. This method is often preferred for its confidentiality, expertise of arbitrators, and faster resolution compared to litigation. The International Court of Arbitration (ICA), a division of the International Chamber of Commerce (ICC), is a leading institution in the field of international arbitration. The ICA handles disputes arising from international commercial agreements and investments. Implications for the Pipeline Dispute: If the dispute between Iran and Pakistan is brought before the ICA, the proceedings will involve a detailed examination of the contractual obligations, force majeure claims, and the impact of international sanctions. The ICA’s ruling could result in significant financial penalties for Pakistan if it is found in breach of its obligations, potentially amounting to billions of dollars. Why This Matters: The potential escalation to the ICA highlights the increasing reliance on international arbitration to resolve complex cross-border disputes. It serves as a reminder for multinational projects to carefully navigate contractual obligations and geopolitical challenges. As this situation develops, it will be essential to watch how the arbitration process unfolds and what impact it may have on international dispute resolution practices and energy projects worldwide. #law #legalnews #arbitration #disputeresolution #imternationalarbitration #energysector

We are delighted to announce Chamber of Arbitrators - Minsk, Belarus as a support organization for Istanbul Arbitration Week (ISTAW) 2024! Chamber of Arbitrators, with its longstanding dedication to promoting international arbitration and resolving cross-border disputes, aligns perfectly with ISTAW’s mission to advance the field of arbitration. Their support underscores the importance of collaborative efforts in fostering a global arbitration community. We are excited to work alongside Chamber of Arbitrators to bring together leading experts and practitioners to discuss and address the pressing issues in arbitration today. Stay tuned for more updates and join us in celebrating Chamber of Arbitrators’ invaluable contribution to ISTAW 2024! Suleyman BOSCA Berceste Elif Duranay Natalia Petrik Dr. Ayse Tugba Ozkarsligil Ezgi Ceren Cubuk Aybike Karahan Gökdere Dr. Mustafa Alper Ener Asli Ceyda Akdogan Mert Karamustafaoglu Av.Arsin DEMİR Maître Ece Dayıoğlu, FCIArb, FSIArb, IMI Qualified Mediator, SIMI Mediator Ömer Faruk KILIÇ Mehmet Celal TAYLAN Hüsna Kübra Karadağ MERVE BALTA Zeynep Dila Akça Ahenk Kaygusuz Energy Disputes Arbitration Center (EDAC) Enerji Hukuku Araştırma Enstitüsü #ISTAW2024 #ChamberofArbitrators #Arbitration #SupportOrganization #LegalCommunity #Networking #BusinessOpportunities

We are proud to announce that our colleague, Irina Suatean, will be a speaker at the 𝐈𝐂𝐂 𝐂𝐨𝐧𝐟𝐞𝐫𝐞𝐧𝐜𝐞 𝐨𝐧 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐅𝐮𝐭𝐮𝐫𝐞 𝐨𝐟 𝐄𝐧𝐞𝐫𝐠𝐲 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬, taking place tomorrow in Tirana. 🌍⚡️ Irina will be part of the panel titled "Perspectives from the Region." This panel discussion will provide valuable insights into the unique challenges and opportunities related to arbitration and energy disputes in the Western Balkans and SEE region. 🌐⚖️ Stay tuned for more updates and insights from this important event. #ICCConference #InternationalArbitration #SEEregion #LegalInsights #Arbitration #FilipandCompany

Analysis: In rail and port concession arbitration against Mozambique, tribunal majority finds that notion of investment has inherent meaning that does not cover pre-investment activities, declining jurisdiction ratione materiae over the case - https://lnkd.in/g7XXxNf5

Our Senior Partner, Babatunde Fagbohunlu, SAN, will be speaking at the London International Disputes Week 2024. He will participate in a panel session titled “𝙒𝙝𝙮 𝙖𝙧𝙚 𝘼𝙛𝙧𝙞𝙘𝙖𝙣 𝘿𝙞𝙨𝙥𝙪𝙩𝙚𝙨 𝙎𝙩𝙞𝙡𝙡 𝘽𝙚𝙞𝙣𝙜 𝙍𝙚𝙨𝙤𝙡𝙫𝙚𝙙 '𝙊𝙪𝙩 𝙤𝙛 𝘼𝙛𝙧𝙞𝙘𝙖' 𝙖𝙣𝙙 𝙒𝙝𝙮 𝘿𝙤𝙚𝙨 𝙞𝙩 𝙈𝙖𝙩𝙩𝙚𝙧?” The session, set to take place on June 6, 2024, will address the following topics: Inbound investment into Africa continues to grow, and the Africa Continental Free Trade Area will undoubtedly increase the volume of cross-border trade. Infrastructure and energy projects are also on the rise. With growth comes disputes, and many African countries still see these disputes resolved in other jurisdictions. Why is this? • Does English law continue to prevail? For how long? • What are the prospects for OHADA law and arbitration? • Is it still advantageous for disputes lawyers based in African countries to be English law qualified? • What are the barriers to domestic dispute resolution? Register for the session using this link: https://lnkd.in/erzsNC7z #LondonInternationalDisputesWeek #LIDW2024 #InternationalDisputes #AfricanDisputes #DisputeResolution #LegalPanel #AfricanLaw #EnglishLaw #OHADALaw #CrossBorderTrade #Infrastructure #EnergyProjects #InvestmentInAfrica #LegalProfessionals #LawConference #AfricaContinentalFreeTradeArea #LegalInsights #LegalEvent Tunde Fagbohunlu

Last chance to register for "𝐄𝐧𝐞𝐫𝐠𝐲 𝐓𝐫𝐚𝐧𝐬𝐢𝐭𝐢𝐨𝐧𝐬 𝐢𝐧 𝐌𝐄𝐍𝐀: 𝐍𝐚𝐯𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐃𝐲𝐧𝐚𝐦𝐢𝐜𝐬 𝐚𝐧𝐝 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐭𝐡𝐞 𝐑𝐞𝐠𝐢𝐨𝐧 𝐚𝐦𝐢𝐝𝐬𝐭 𝐆𝐥𝐨𝐛𝐚𝐥 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐆𝐨𝐚𝐥𝐬", a virtual Young ITA MENA program, taking place on tomorrow, February 29, 2024. In the broader context of the upcoming COP and the continued implementation of the Paris Agreement, the imperative for profound understanding and multifaceted viewpoints takes center stage. As the international pulse quickens in its commitment to less carbon emissions and towards a future powered by sustainable, eco-friendly energy solutions, the wealth of expertise within the MENA region becomes exceedingly pertinent. This pivotal juncture accentuates the role of energy not just as a regional asset but as a cornerstone for both the global industry and the intricate domain of international arbitration. Our panel will delve into this intricate interplay, dissecting the dynamics of energy transition in the MENA landscape and its resonating impact on global environmental objectives and arbitration discourse. Click here to register for the program: https://lnkd.in/gRM4AT84