Tahun Terbit

-

Deskripsi Fisik

82 page

No. Panggil

ebIS-0315

A party faced with a Convention award against him has two options. Firstly he can apply to the courts of the country where the award was made to seek the setting aside of the award. If the award is set aside then this becomes a ground in itself for opposing enforcement under the Convention. Secondly, the unsuccessful party can decide to take no steps to set aside the award but wait until enfor…

Tahun Terbit

2015

Deskripsi Fisik

107 hlm.

The calculation of damages by the Tribunal in Yukos v Russian Federation is not only remarkable for the result of US $50 billion, the highest amount ever awarded in investment arbitration, but also for its reasoning. The most interesting elements in the quantification of the Claimants� damages were the choice of the valuation date and method, the way to deal with contributory fault and the…

The Tribunal in Yukos v Russian Federation was not persuaded that there exists a �general principle of law recognized by civilized nations�, within the meaning of Article 38(1)(c) of the ICJ Statute, that would bar an investor from making a claim before a tribunal under an investment treaty because it has so-called �unclean hands. At first glance, the treatment of the �uncle…

A claim of indirect expropriation is at the heart of the Yukos investment arbitration cases brought by three former shareholders of OAO Yukos Oil Company (Yukos) against the Russian Federation. The Tribunal held that while the Russian Federation �has not explicitly expropriated Yukos or the holdings of its shareholders�, nonetheless, the measures it had taken �have had an effect …

The provisional application of the Energy Charter Treaty (ECT) was a crucial issue in the Yukos interim awards on jurisdiction and admissibility rendered on 30 November 2009. The Respondent unsuccessfully challenged the Tribunal�s jurisdiction by arguing that the ECT did not provisionally apply to it. The provisional application of the ECT is governed by its Article 45, a lengthy and compl…

Tahun Terbit

2015

Deskripsi Fisik

169 hlm.

Tahun Terbit

2015

Deskripsi Fisik

106 hlm.

Tahun Terbit

2015

Deskripsi Fisik

105 hlm.