What's New In European Arbitration? - Dispute Resolution Journal - Vol. 68, No. 1
Vera van Houtte was a Partner at Stibbe in Brussels, Belgium, until 1 January 2013 and is now an independent Arbitrator. She is a member of the Board of Directors of the American Arbitration Association, and a Vice President of the ICC Court of Arbitration. She was formerly a Vice President of the London Court of International Arbitration. Ms. Van Houtte sits as an arbitrator in ad hoc and administered international arbitration proceedings. Stephan Wilske is a Partner in the dispute resolution division of Gleiss Lutz in Stuttgart, Germany and heads the firm’s International Arbitration Focus Group. He regularly acts as counsel and as an arbitrator in national and international arbitration proceedings. Isabelle Michou is a Partner in the International Arbitration Group of Herbert Smith Freehills in Paris, France. She regularly acts as an advocate in ad hoc and administered arbitration under the rules of the major arbitral institutions and the UNCITRAL Arbitration Rules.
Originally from Dispute Resolution Journal
RECENT DECISIONS BY NATIONAL COURTS
England. In Yukos Capital v. Rosneft ([2012] EWCA Civ 855), the English Court of Appeal recently rendered a decision dealing with the enforcement of four arbitral awards in England, despite their having been vacated (i.e. annulled) by the courts of the seat in Russia. This issue was previously considered by the Amsterdam Court of Appeal in 2009 (see our commentaries on the judgment of the Amsterdam Court of Appeal, DRJ, May/July 2009, page 12 and on the Dutch Supreme Court's denial of appeal in cassation against the decision of the Amsterdam Court of Appeal, DRJ Nov. 2010 / Jan. 2011, page 91). The proceedings before the English Court of Appeal mark the latest chapter in the long-running Yukos / Rosneft saga.
As explained in our previous commentary in May/July 2009, Yukos Capital (a Luxemburg company which is part of a Russian group) obtained four arbitral awards against Rosneft (a Russian private company that went under state control towards the end of the arbitration) in September 2006. These awards were made by a tribunal acting under the rules of the International Commercial Court at the Chamber of Commerce and Industry of the Russian Federation.