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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

17/10/2017

Kyrgyz Republic defeated in jurisdiction challenge to UNCITRAL investment award

This is an archived article, and some links may not work. Contact us if you have any questions.

On 13 October 2017, Mr Justice Bryan (sitting as a deputy judge when hearing the case) handed down judgment in The Kyrgyz Republic v Stans Energy Corporation & Anor [2017] EWHC 2539 (Comm).

That case concerned a jurisdiction challenge brought under section 67 of the Arbitration Act 1996 in respect of an award rendered by a tribunal (Professor Karl-Heinz Boeckstiegel, the Hon. Colin Campbell QC and Stephen Jagusch QC) earlier this year, in an UNCITRAL arbitration seated in London, in which Stans Energy Corp and its subsidiary Kutisay Mining LLC brought an investment claim against the Kyrgyz Republic concerning the expropriation of mining licences. 

The key issue in the case concerned the proper interpretation of the dispute resolution provision in the 2003 Investment Law, which was the basis for jurisdiction. The Republic claimed that the dispute was not an “investment dispute” for purposes of the Law.

Mr Justice Bryan rejected the Republic’s challenge in its entirety, finding for the Defendants on both their primary and alternative cases. It is understood that this judgment is only the fourth judgment dealing with a section 67 challenge in the context of an investment claim.

Belinda McRae acted for the successful Defendants, led by Ben Juratowitch QC of Freshfields Bruckhaus Deringer LLP, in Paris. 

The judgment is attached below.

Press coverage:

Investment Arbitration Reporter

Global Arbitration Review (GAR)

 


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