Arbitration Lawyer


Dropping the ECT: hampering net zero investments in renewables?

As several EU member states plan or consider withdrawing from the ECT, some industry insiders believe this will undermine attracting foreign investments in renewables  As net zero principles are gradually more and more embedded in investment strategies, asset owners are increasingly paying attention to the regulatory framework governing such standards,  As a result, a growing […]

International Arbitration Experts Discuss The Withdrawal Of COVID-19 Restrictions

Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on the withdrawal of COVID-19 restrictions and whether any practices from the pandemic should remain. We would like to thank the following individuals for sharing their thoughts on this important issue.  • Andrew Dominguez, Partner, Akerman, Miami • Tony Cole, FCIArb, JAMS, New York • […]

Russia’s effective control over eastern Ukraine: implications of the ECHR ruling

Tomas Vail of Vail Dispute Resolution in London and independent counsel Anastasiya Ugale consider the European Court of Human Rights’ ruling on Russia’s effective control over eastern Ukraine and its implications for investment treaty claims arising from the war in Ukraine.  On 25 January, the Grand Chamber of the European Court of Human Rights made […]

Counsel Ethics In International Commercial Arbitration

[Editor’s Note: Tomas Vail is an arbitration specialist and founder of London-based Vail Dispute Resolution and Farshad Rahimi Dizgovin is a SJD candidate at the University of Michigan Law School. Any commentary or opinions do not reflect the opinions of Vail Dispute Resolution, University of Michigan Law School or Lexis- Nexis®, Mealey PublicationsTM. Copyright © […]

International Arbitration Themes to Watch For in 2023

Looking ahead in 2023, there are several intriguing trends that may emerge in international arbitration, from a greater focus on diversity in tribunal appointments to an increase in claims being filed in the aftermath of Russia’s illegal invasion of Ukraine.  Environmental, social or governance (ESG) norms will also form an important part of newer investment […]

Who is in control? Russia exercised effective  control over eastern Ukraine since May 2014  (Ukraine and the Netherlands v Russia, ECHR) 

This analysis was first published on Lexis®PSL on 20 February 2023 and can be  found here (subscription required).  Arbitration analysis: The Grand Chamber of the European Court of Human Rights (ECtHR)  ruled that the Russian Federation exercised jurisdiction over the territory of eastern  Ukraine held by separatists from 11 May 2014 and up to at […]

VDR founder Tomas Vail quoted in Law360 article on Spanish renewables cases before DC Circuit

A U.S. judge’s recent refusal to enforce a €26.5 million ($29 million) arbitral award against Spain has queued up a high-stakes appeal at the D.C. Circuit, with hundreds of millions of euros owed by Madrid to renewable energy investors hanging in the balance. U.S. District Judge Richard J. Leon ruled on March 29 that Spain had […]

Court Decisions Render Paris Less Appealing For Arbitration

On April 19, the Paris Court of Appeal simultaneously set aside two arbitral awards, finding that the tribunals lacked jurisdiction on the basis of the intra-EU nature of the disputes and the 2018 Court of Justice of the European Union, or CJEU, decision in Slovak Republic v. Achmea BV. Consistent with the practice of other […]

Arbitration, Russian Sanctions and the Spectre of Sovereign Default

The Russian invasion of Ukraine has led to a seismic shift in business relations as foreign companies in Russia seek to distance themselves from the nation. The still-developing situation is ripe for disputes, bearing similarities in some cases to force majeure claims brought during the COVID-19 pandemic. Arbitration and disputes specialist Tomas Vail expands on […]

Nord Stream 2: Sanctions against Russia and the potential for arbitration

Russia’s illegal and catastrophic invasion of Ukraine has led to a new wave of sanctions and business withdrawals with far-reaching implications. One high-profile project, and one of the first targets of the sanctions against Russia, illustrates the situation and some potential avenues for navigating a resulting arbitration.  Suspension of Nord Stream 2 Among widespread calls […]

Arbitral Enforcement Takeaways From Kazakh Asset Ruling

The long-running Stati case recently reached a new milestone when the Brussels Court of Appeal upheld a lower court’s decision to freeze $542 million of Kazakhstan’s assets.[1] While the state seeks to emphasize the decision’s limited procedural weight, this Belgian decision in the Stati case arguably constitutes a landmark precedent in favor of enforcement but […]

Claims stacking up from Ukrainian clean power developers against state electricity offtaker

Local lawsuits are reportedly set to cost the body set up to purchase clean power in Ukraine more than €24 million already, after the decision by the government in August to retroactively reduce FIT payments. Lithuanian clean power developer Modus Energy is preparing for its own suit, citing Ukraine’s international treaty obligations.

VDR represents Modus Energy in an Energy Charter Treaty arbitration against Ukraine regarding retroactive amendments to the green tariff regime

As reported by Global Arbitration Review and IAReporter, renewables company Modus Energy has filed an Energy Charter Treaty claim against Ukraine – thought to be the first in a potential wave of cases the state could face over reforms to its tariffs regime.

VDR founder quoted in GAR article on Uniper’s Energy Charter Treaty claim against the Netherlands

Tomas Vail, a former White & Case lawyer who founded Vail Dispute Resolution in 2019, says Uniper’s claim “reflects the purpose of the ECT as agreed to by its contracting parties – to protect investors’ energy investments.”

Vail Dispute Resolution founder quoted in Global Arbitration Review on Uniper Energy Charter Treaty arbitration

Tomas Vail, a former White & Case lawyer who founded Vail Dispute Resolution in 2019, says Uniper’s claim “reflects the purpose of the ECT as agreed to by its contracting parties – to protect investors’ energy investments.”

Starting a Boutique Law Firm: Why it is the Ideal Time to Go Solo

Arbitration boutiques offer Big Law expertise and experience at more competitive rates and on a more flexible and collaborative basis, says Tomas Vail, legal counsel and arbitrator at Vail Dispute Resolution.

О применимости дела Стати к казахстанскому бизнесу

С момента обретения независимости, РК ратифицировало или присоединилось к более 50 соглашениям и к нескольким многосторонним соглашениям в области защиты иностранных инвестиций

The Energy Charter Treaty supports investment in renewables

The oft maligned Energy Charter Treaty is not the obstacle to renewable energy that some make it out to be, writes Tomas Vail.

Vail Dispute Resolution recognised in Who’s Who Legal – Arbitration

We are pleased and grateful to again be recognised by clients and peers in WWL Arbitration: “excellent in CIS investor-state disputes and fantastically bright” “a fine legal mind and I have no doubt he will continue to excel” “deep knowledge of investor-state arbitration and Russian regional knowledge” “an impressive lawyer, a very bright individual and […]

Vail Dispute Resolution represent Lithuania’s Modus Group in ICSID claim against Belarus

Lithuania’s Modus Group has lodged an ICSID claim against Belarus over aproject to build a luxury hotel next to the country’s main airport. The claim, led by Modus and affiliated company UAB Pavilniu saules slenis14 under the Lithuania-Belarus bilateral investment treaty, was registered on 8 January. Vail Dispute Resolution is pleased to represent the investor in […]

What Do Arbitrators Know?

Some of my observations on the recent Halliburton v Chubb decision by the UK Supreme Court – taking a slightly different approach, I touch on studies of unconscious bias by judges/arbitrators (regarding the admissibility of illegally obtained evidence) and analogous cases in investment treaty arbitration.

Arbitral ‘Culture’, procedural flexibility and the Prague rules

Letizia is a Master’s graduate from the University of Turin and the University of Amsterdam. During her studies, she took part in the 25th edition of the Willem C. Vis International Commercial Arbitration Moot Court and she obtained a Certificate in Transnational Legal Studies from the Georgetown Center for Transnational Legal Studies. She is currently in the process of qualifying as a Lawyer.

A Plea for Arbitral Flexibility and Collaboration in a Post-COVID World

Olga Hamama, V29 Legal – Duve Hamama Rechtsanwaelte, FrankfurtTomas Vail, Vail Dispute Resolution, London A. An Opportunity for Change The global community is facing an unprecedented challenge fighting the outbreak of COVID-19 and looking for an appropriate response to the consequences of the pandemic. Like many other industries, the legal industry had to switch gears […]

Honoured to discuss the future of arbitration at Forte’s LegalTech webinar

Pleased to speak on contractual disputes amid the pandemic as part of Bishkek Arbitration Days

Appointment of Experts in UNCITRAL Arbitration

The role of the expert witness in arbitration proceedings is in many ways the same as that of the expert in civil litigation proceedings. Whether appointed by the parties or by the tribunal, an expert is required to give their independent opinion on the issue(s) referred to them. They would base this opinion on the […]

Honoured to have been invited to judge the Moscow FIAMC final alongside renowned arbitrator Stanimir Alexandrov

Tomas Vail to speak on innovative tech in arbitration at Legal Tech London on 11 February 2020

Vail Dispute Resolution at the Moscow FIAMC Pre-Moot on 7 February 2020

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Vail Dispute Resolution recognised in WhosWhoLegal 2020

Vail Dispute Resolution to present on oral advocacy at the ICC Poland’s Warsaw Arbitration Workshops 2020

Tomas Vail returns to GIAC Arbitration Days to present on “Toxic Technology”

GAR profiles the launch of Vail Dispute Resolution