In early 2020, CICAP also issued a decision on the grounds of independence and impartiality of arbitrators on the extent of the obligation for arbitrators to disclose circumstances that could affect their independence or impartiality.16 which led to the exclusion of one of the consortia. Members and prevented them from selling their stake in the JOA. The excluded member opened arbitration proceedings in Paris under the aegis of the LCIA in order to challenge the validity of the JOA clauses and to obtain compensation for the damage suffered. On 24 September 2018, the arbitral tribunal issued a Phase I arbitral award. On November 2, 2018, a new lawyer was added to the team of one of the defendants, which led to an update of the arbitrators` declaration of independence and revealed new information. Following an unsuccessful challenge by one of the arbitrators, the applicant brought an action for annulment of the arbitral award, on the ground that the arbitrator chosen by one of the defendants had not disclosed personal links with a law firm which had had as its client the majority shareholder of that party and that that omission could call into question the independence and impartiality of the arbitrator from the point of view of a reasonable observer. The defendant argued that such links were well-known facts that the arbitrator was not required to disclose. Where a party brings proceedings against the other party arising out of this Agreement or the disclosure or use of confidential information, that party may bring such proceedings before the United States District Court for the Southern District of New York or a national court in New York. A contractual agreement that determines the court and the place where the parties wish their dispute to be adjudicated is generally referred to as a “forum selection clause”. A first notable decision concerned the referral to the Paris Court of Appeal to the European Court of Justice in order to clarify the concept of investment under the Energy Charter Treaty (ECT).32 The case arose from a long-standing dispute concerning agreements between Energoalians (later Komstroy), a Ukrainian company, and a Moldovan public limited company. under the energoalians should provide them with electricity through an intermediary company, Derimen. After the Moldovan company`s debt failed to pay the mediation contract, it was contractually assigned to Energoalians, which initiated arbitration proceedings to obtain payment of the debt.
An arbitral award issued in Paris in 2013 on the basis of ect ordered the state to pay compensation to the Ukrainian investor. . . .