A&O Shearman on arbitration

The judgment provides useful guidance on the requirement on parties in any arbitration to raise challenges in a timely fashion, and on distinguishing between challenges going to jurisdiction from those going to admissibility.

The judgment challenges the prevailing view on whether the ICSID Convention constitutes an effective waiver of State immunity. It also takes a “novel approach” in concluding that state immunity is irrelevant to registering an ICSID award.

The Court of Appeal has upheld a High Court judgment denying an anti-suit injunction against Venezuela.

On 17 November 2023, in Hulley v. Russia, a D.C. District court denied a motion to dismiss a petition to enforce arbitration awards against Russia issued in the Yukos arbitrations.

It opens the door to claimants to rely on the doctrine in future enforcement proceedings against states when the same issue has already been decided by a court in another country.