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Court annuls billion-dollar award, finding Crimea investment was made before BIT applied

The Paris Court of Appeal has set aside an award against Russia for the expropriation of the Crimean branch of Ukrainian state-owned bank Oschadbank. The court held that the bank had made its investment in Crimea before the Ukraine-Russia Bilateral Investment Treaty's 1992 time limit and that, as such, the tribunal lacked temporal jurisdiction. As Oschadbank intends to appeal, the Court of Cassation will have to decide whether the decision adds a condition to jurisdiction that is absent from the treaty. ....

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Court of Cassation finds that a BIT's limitation period relates to admissibility, not jurisdiction


Introduction
France s top court has reinstated a $1.58 billion arbitration award rendered in investment treaty proceedings between Canadian gold miner Rusoro and Venezuela.
In its 31 March 2021 decision,(1) the Court of Cassation accepted Rusoro s argument that the limitation period for bringing a claim under the Canada-Venezuela Bilateral Investment Treaty (the Canada-Venezuela BIT) was a question of admissibility and not of the tribunal s jurisdiction to hear the dispute. Accordingly, the Court of Cassation quashed the Paris Court of Appeal s previous ruling that had reached the opposite conclusion.
The Court of Cassation s decision guides the future review of arbitral awards by the French courts and adds to the longstanding discussion in investment treaty arbitration about the distinction between the admissibility of a claim and the jurisdiction of an arbitral tribunal. By deciding that the issue of whether the claims were time barred was a question of admissibility ....

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Equipping Investigators with Skills to Tackle Illicit Financial Flows


Kunle Aderinokun
Nowadays, it is easy for money to flow across borders and this connectivity between international financial systems promotes economic growth, but it also gives rise to a global problem referred to as Illicit Financial Flows (IFF).
Illicit Financial Flows are financial flows that are illicit either by virtue of their origin (stemming from organised crime), their utilisation (to finance terrorism) or the nature of the transfer itself (money laundering).
Interestingly, the effects of IFFs are particularly devastating for developing countries and increasingly undermine international efforts to promote sustainable development.
Undoubtedly, criminal activities associated with IFFs, such as human trafficking or the illegal trade in drugs, destabilise countries and regions and thus increase the risk of violent conflicts. ....

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