KYRGYZ REPUBLIC V STANS ENERGY CORPORATION AND ANOTHER

[2017] EWHC 2539 (Comm), Queen's Bench Division, Commercial Court, Simon Bryan QC, 13 October 2017

Arbitration - Jurisdiction - Assessment of conflicting evidence of foreign law - Arbitration Act 1996, section 67

This was an appeal against an award of an arbitral tribunal on a dispute arising under the 2003 Investment Law of the Kyrgyz Republic. Stans Energy sought compensation for breach of that legislation by the Republic in relation to Stans' investments that had been made under licence from the Republic. The arbitration had its seat in London. The tribunal's award stated that it had jurisdiction over the dispute between the parties, based on its interpretation of the 2003 Law. The Republic appealed under section 67 of the Arbitration Act 1996.