The international arbitration society established the arbitration database in may 2008. Uncitral model law on international commercial arbitration. I wonder who polices the integrity of the uncitral arbitration. In 2006, oxus gold initiated an uncitral arbitration under the auspices of the lcia, pursuant to the 1994 ukkyrgyzstan bit. Oxus gold alleged that the kyrgyz republic had violated its bilateral investment.
Quite a similar outcome, although different business, to metal tech this time uncitral. Oxus gold plc oxs listed on londons aim is currently awaiting merits and quantum on their uncitral arbitration against republic of. In re matter of the application of oxus gold plc wamr 2006 vol. I sent a summary of events to the european commission, they said they dont track individual cases of member countries, they cant look into the paris court of appeal decision, but what they will do is pass the information on to the ec department that deals with the uzbeks. Investorstate dispute settlement uncitral the united nations. Inves2day oxus gold oxs london aim awaiting merits and. The arbitral tribunal in oxus gold plc v the republic of uzbekistan in the final award that became publicly available in april 2016 rejected all counterclaims raised by the host state against the british investor. Among other forums, we have served as experts under the aaa, crcica, icc, icsid, lcia, nafta, scc, sma, and uncitral rules. Claims arising out of the governments cancellation of a license for the development of a gold deposit in kyrgyzstan known as the jerooy gold project and the alleged governmentsponsored occupation of premises owned by talas gold mining company, oxus joint venture company at jerooy. Formerly listed on the london stock exchange, oxus brought the arbitration over its. If you understand the risk behind investing in penny stocks then you are on the right site.
Uzbek investment law represented claimants in edgeboro international, inc. Parties wishing to benefit from institutional support throughout the course of the arbitral proceedings may designate acica as the administering body under the uncitral rules. United nations commission on international trade law uncitral. Kyrgyzstan investment dispute settlement navigator. Republic of uzbekistan, final award, december 17, 2015 pan american.
Uncitral model law on international commercial arbitration 1985 as adopted by the united nations commission on international trade law on 21 june 1985 chapter i general provisions article 1 scope of application article 2 definitions and rules of interpretation article 3. Oxus gold plc oxus est une societe qui a ete constituee en 2000 au royaume uni pour exercer des activites dexploration, dacquisition et. Government of canada, award, uncitral iic 451 2010. United nations commission on international trade law. Uncitral arbitrations l successfully acted for the claimant, a technology company, in respect of a uncitral arbitration relating to the non. The uncitral arbitration rules are a set of procedural rules widely used in ad hoc arbitrations. In a decision dated 14 may, the court dismissed oxus golds application to partially annul an uncitral award that had rejected all but. Oxus gold plc oxs listed on londons aim is currently awaiting merits and quantum on their uncitral arbitration against republic of uzbekistan. In response, oxus gold filed a notice of claim and arbitration against the kyrgyz republic before an uncitral arbitration tribunal pursuant to the united kingdomkyrgyz republic bilateral investment treaty or bit. Recommends the use of the uncitral rules on transparency in treatybased investorstate arbitration in relation to the settlement of investment disputes. Aug 16, 2016 counterclaims in oxus gold v uzbekistan.
The claim was related to the loss of the amantaytau goldfields and khandiza mining assets dating back to a dispute in 2011. A united nationssponsored commission that seeks to create a forum for countries to. Republic of uzbekistan 17 december 2015, award, paras. Uncitral, draft decision adopting the uncitral rules on transparency in treatybased investorstate arbitration and the uncitral arbitration rules. Chat about oxs shares stock quote, charts, trade history, share chat, financial terms glossary.
Pdf from world arbitration and mediation report wamr 2006 vol. Oxus gold claimed that the government of uzbekistan did not grant development rights as required by the contract and in breach of article 10 of the uzbek law on foreign investments. Facts oxus gold, an international mining group based in the u. Gold plc announcing existence of a litigation funding agreement. As leading experts in international arbitration, credibility has conducted a study of the historic awards in cases at the international center for the settlement of investment disputes. A united nationssponsored commission that seeks to create a forum for countries to come together and set international trade law.
It is undisputed that claimant is being assisted by a thirdparty funder in this arbitration proceeding. Investment arbitration is developing into a distinct specialization as parties increasingly rely on arbitration provisions in foreign investment legislation, bilateral investment treaties as well as such instruments as the energy charter treaty, the washington convention and nafta for mechanisms to settle disputes between states and investors. International arbitration and disputes credibility. Claims arising out of the governments cancellation of a license for the development of a gold deposit in kyrgyzstan known as the jerooy gold project and the. It is a website destined to become one of the biggest free online. Apr 08, 2019 united nations commission on international trade law uncitral. Aa 227, interim award on jurisdiction and admissibility, november 30, 2009. Paushok sergei paushok, cjsc golden east company and cjsc. If you are a subscriber, please login to view additional case details. Unctads work programme on international investment agreements iias actively assists policymakers, government officials and other iia stakeholders to reform iias with a view to making them more conducive to sustainable development and inclusive growth. Francepartial annulment application dismissed oxus gold v republic of uzbekistan law360.
May courts assist private international arbitration. Oxus v uzbekistan award comes to the surface, four months after the fact apr 12, 2016 oxus gold comes up short in betthecompany arbitration against uzbekistan jan 3, 2016 updates on oxus v. Presiding arbitrator in the lcia administered uncitral arbitration oxus gold plc v. The oxus court held that a united nations commission on international trade law uncitral arbitration proceeding between the kyrgyz republic and oxus, a united kingdom. Instead, the oxus court relied primarily on the 2nd circuits national broadcasting decision in determining whether the arbitration proceeding was a tribunal. Selection of arbitrators in icsid and uncitral cases, and the. Uzbekistan defeats bid to revive billiondollar claim lexology.
Although, i must add that oxus investment and assets seems far more rigid than this particualr case. In connection with the arbitration, oxus gold then filed an ex parte application in the district of new jersey under. A parisseated tribunal composed of switzerlands pierre tercier as chair, marc lalondeof. International investment rulemaking is taking place at the bilateral, regional, interregional and multilateral levels.
Um law course catalog view course investment arbitration. Jul 27, 20 notice of arbitration 31st august 2011 pdf litigation funding on nonrecourse ba. Uncitral plays a role in arbitrations conducted under those rules. Alternatively, you can sign up to receive free email headlines here. Arbitrator in the case itera international energy llc et al v. Oxus gold plc in administration the company it is now 30 months since my appointment in respect of the company. Uzbekistan investment dispute settlement navigator. Selfisolation has driven more and more children to move online during the covid19 pandemic, leading to an unprecedented rise in screen time and raising safety risks for millions of young people. Representing the republic of uzbekistan in an uncitral arbitration, oxus gold plc v republic of uzbekistan, arising under the uk uzbekistan bit in a dispute concerning gold and silver mining. Notice of arbitration 31st august 2011 pdf litigation funding on. Just over twenty years ago, insol international and uncitral started working together to address the crossborder issues that affected the efficiency of insolvencies and the usefulness of insolvency proceedings to stakeholders. Muddy waters in the land of section 1782 by lawrence w.
The result of that collaboration is the work not of these two organisations, but of the hundreds. Moreover, as the analysis in in re matter of the application of oxus gold plc illustrates, a reasoned distinction can be made between arbitrations such as those conducted by uncitral, a body operating under the united nations and established by its member states, and purely private arbitrations established by private contract. The dispute arose out of rights held by oxus gold, a uk company, under a mining license for the development of a gold deposit in kyrgyzstan known as the jerooy gold project. Uncitral arbitration institutional and ad hoc arbitration. Jan 05, 2018 oxus gold plc in administration the company it is now 23 months since my appointment in respect of the company. To make you aware about currently one of the best possibilities on the markets. International arbitration a4 charles russell speechlys. The arbitral tribunal in oxus gold plc v the republic of uzbekistan in the final award that became publicly available in april 2016 rejected all counterclaims raised by the host state against the british investor the award, rendered by prof pierre tercier, prof brigitte stern and hon marc lalonde. International trade law uncitrals international arbitration tribunal ruled against oxus gold plc of the united kingdom in the companys claim against the government of uzbekistan. Oxus gold pic ox us or claimant is incorporated in england, the united kingdom.
1101 1314 270 1269 1077 657 454 1545 449 52 220 1507 1108 1027 949 1187 452 403 8 645 1141 584 1171 346 1435 850 1231 325 598 468 1062 457 466 532 159 1522 652 453 1456 881 835 620 667 62 316 1201