The Russian Prosecutor General’s Office has initiated court proceedings aimed at enjoining an international arbitration brought under the Energy Charter Treaty. The case, involving a prominent European energy investor, marks an unusual attempt to assert domestic jurisdiction over a treaty-based dispute. It reflects the growing intersection between international law and national legal strategies, particularly in … Continued

The decision in UniCredit Bank GmbH v RusChemAlliance LLC addressed the proper jurisdiction for bringing an anti-suit injunction (“ASI”) application when the law governing the arbitration agreement differs from that governing the main contract. The decision also provides clarity on whether English courts will grant ASIs in support of foreign-seated arbitrations. Background: RusChemAlliance, (“RusChem”) a … Continued

The team of Gherson lawyers made up of Roger Gherson, Cong Gao, Emma Anderson, Valeriya Grebenkova, Leila Kanametova are delighted to have contributed to the “China – Investment Treaty Arbitration” section Lexology’s Panoramic guide. Our China – Investment Treaty Arbitration section provides a comprehensive overview of China’s legal regime of investment law at both the national and … Continued

This article was originally published on Journal of International Banking & Financial Law, 2024 Volume 39, Issue 8. KEY POINTS ABSTRACT Financial institutions may be the subject of sanctions unilaterally imposed by individual states. while sanctions can be challenged through domestic means, foreign investors affected by sanctions have the right to bring proceedings against the … Continued

On 31 July 2024, the Supreme Court refused permission to appeal against the decision of the Court of Appeal in R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ. 240. By way of background information, Mr Antoine Roehrig was born in the UK on 20October 2000. At the time, his French … Continued

The Law Commission’s proposed overhaul of contempt laws is a breath of fresh air in a domain choked by ambiguity and inconsistency. The current situation, as described by the Law Commission itself, is a disarray bordering on chaos. Social media’s unfettered commentary promotes discord around sensitive trials, like the ongoing Lucy Letby murder trials, while … Continued

On 25 June 2024, 26 out of the 27 EU member states agreed to sign an Energy Charter Treaty (ECT) Inter Se declaration, which gives effect to the Komstroy judgment of the European Court of Justice regarding the non-applicability of ECT arbitration provisions intra-EU. According to the Declaration on the Legal Consequences of the Judgment … Continued

Commercial disputes are stressful and can have a negative effect on your business. When all other methods of resolving the dispute have been explored, a business may find they need to take more formal routes to resolve the issue. Litigation is often the route that businesses take to resolve a dispute that threatens their business, … Continued

A recent High Court judgment involved a rare case where the court granted the removal of an arbitrator based on his potential impartiality in the Arbitration proceedings. Background: In H1 & Anor v W & Ors ([2024] EWHC 382), the Claimants (the “Insurer”) sought the removal of the sole arbitrator (the first Defendant) on the … Continued

Possession Orders are usually run of the mill applications, with several passing through a court room every day. Sadly, these applications are usually used against parties who have lost their jobs or taken out a larger mortgage than they can handle. However, the Russia (Sanctions) (EU Exit) Regulations 2019 and the designation of persons as … Continued

On 25 April 2024, the Court of Justice of the European Union (CJEU) rendered a judgment addressing three requests for a preliminary ruling concerning the interpretation of Article 25(1), of the Brussels I Regulation (recast) (Regulation (EU) No 1215/2012) of the European Parliament and of the Council dated 12 December 2012 on jurisdiction and the … Continued