- Paris Court of Appeal set aside investment arbitral award for lack of jurisdiction ratione temporis (Russia v Oschadbank)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: On 30 March 2021, the Paris Court of Appeal set aside a Crimea-related bilateral investment treaty (BIT) award, holding that the tribunal had wrongly upheld its jurisdiction ratione temporis. The Russia-Ukraine BIT expressly provides that it applies only to investments made after 1 January 1992. According to the court, Oschadbank was already operating in Crimea before that date. Written by Ekaterina Grivnova, Juriste-doctorante at Allen & Overy (Paris).
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