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Commercial Arbitration

New president for Swiss institution in milestone year

New president for Swiss institution in milestone year

21 November 2016

The Swiss Chambers' Arbitration Institution has elected a new president and members for its court, as it marks 500 years of Swiss neutrality, 150 years of documented arbitration services by the Swiss chambers and the 1,000th case under the Swiss rules.

French Council of State rules on set-aside powers

French Council of State rules on set-aside powers

16 November 2016

France’s supreme administrative court has ruled for the first time on its power to review international arbitration awards arising from public contracts, partially setting aside an ICC award relating to a liquefied natural gas terminal on the country’s Mediterranean coast.

Singapore court rules on separability

Singapore court rules on separability

16 November 2016

A Singapore court has ruled that the principle of separability did not give a sole arbitrator jurisdiction to hear a dispute in a case where an ICC clause appeared in a contract for the sale of shares that was never executed.

Family feud leads to LCIA India award and worldwide freezing order

Family feud leads to LCIA India award and worldwide freezing order

14 November 2016

The daughter of Indian property tycoon Niranjan Hiranandani has persuaded a Dubai court to freeze assets belonging to her brother worldwide, months after an LCIA India tribunal ordered him and her father to pay US$60 million in damages for breach of a real estate development agreement.

First Quantum defends claim over Zambian mine

First Quantum defends claim over Zambian mine

11 November 2016

Canadian mining company First Quantum – familiar from its multibillion dollar ICC and ICSID claims against the Democratic Republic of the Congo – is facing a claim by a Zambian government-owned entity that alleges it received insufficient interest on payments related to Africa’s largest copper mine.

“Asymmetric” disputes clause goes to appeal in Singapore

“Asymmetric” disputes clause goes to appeal in Singapore

09 November 2016

A marine technology firm has been granted leave to appeal the Singapore High Court’s ruling that a counterparty validly exercised its unilateral right not to arbitrate their dispute over works on the Indian Ocean island of Diego Garcia.

PDVSA loses appeal over refinery award

PDVSA loses appeal over refinery award

08 November 2016

A US appeals court has refused to undo the enforcement of an ICC award in favour of a ConocoPhillips spin-off against Venezuela’s state oil company PDVSA, rejecting arguments that it violated public policy.

ICC sees untapped potential for banking and finance disputes

ICC sees untapped potential for banking and finance disputes

08 November 2016

Financial institutions are not exploiting the potential benefits of commercial and investment arbitration to the full extent possible, with Islamic finance a “completely untapped area”, says an ICC report unveiled in Rome tonight.

Lat Am lawyers criticise ICC expedited procedure

Lat Am lawyers criticise ICC expedited procedure

07 November 2016

José María de la Jara and Nicolás Rosero, associates at Bullard Falla Ezcurra in Lima, ask whether the ICC International Court of Arbitration has gone too far with the introduction of a new expedited procedure that gives the institution the discretion to appoint a sole arbitrator in a case where the parties have specified otherwise.

Reliance threatens India claim over billion-dollar fine

Reliance threatens India claim over billion-dollar fine

07 November 2016

India has been threatened with arbitration after imposing a US$1.55 billion fine on local energy group Reliance Industries and its foreign partners in an offshore project for allegedly profiting from gas that had migrated from an adjacent field owned by the state.

Pemex fails to reopen enforcement of annulled award

Pemex fails to reopen enforcement of annulled award

02 November 2016

A US appeals court has refused to reconsider its decision to enforce a US$300 million ICC award against Mexico’s national oil company Pemex that was set aside at the Mexican seat of arbitration.

Funder wins contempt ruling after client absconds

Funder wins contempt ruling after client absconds

Premium article - 31 October 2016

Third-party funder Therium Capital Management has won a contempt ruling against a retired trader who fled the UK with the proceeds of a litigation it financed, as it pursues an LCIA claim to recover its fees.