On 28 February 2025, Mr Justice Bryan handed down judgment in The Republic of Kazakhstan v. World Wide Minerals and Paul Carroll QC [2025] EWHC 452 (Comm) upholding a s.68 challenge by the Republic of Kazakhstan to an investor-state arbitral award, on the basis that (in remitted proceedings directed specifically at determining issues of causation and quantum arising from breaches found in an earlier award from 2019) the tribunal had failed to deal with Kazakhstan’s central argument on causation in its 174-page award. This amounted to a failure by the tribunal to deal with an issue that was put to it within the meaning of s.68(2)(d) of the Arbitration Act 1996.
The judgment can be found here.
Paul C K Wee (led by Christopher Harris KC of 3VB) appeared for the Republic of Kazakhstan, instructed by Lucy Winnington-Ingram and Oliver Rawkins of Reed Smith.
Joe Smouha KC and Paul C K Wee acted for the Republic of Kazakhstan in the underlying arbitration.
