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Commercial Arbitration

Bulgaria pays Russia to end nuclear dispute

Bulgaria pays Russia to end nuclear dispute

09 December 2016

Bulgaria’s national electricity company NEK has paid €602 million to a Russian state-owned entity to honour an ICC award, ending a politically sensitive dispute over a nuclear power plant that also gave rise to the threat of an investment treaty claim.

UNCITRAL to consider impact of insolvency

UNCITRAL to consider impact of insolvency

09 December 2016

The United Nations Commission on International Trade Law is to review a paper on the impact of insolvency on international arbitrations when it convenes in Vienna in July, with a view to creating clarity as to how the two intersect and even exploring the use of arbitration for cross-border insolvency proceedings.

Lippo fails to undo enforcement in Hong Kong

Lippo fails to undo enforcement in Hong Kong

07 December 2016

In a closely watched case that has divided Asia’s two leading arbitration jurisdictions, Hong Kong’s Court of Appeal has upheld the enforcement of a US$130 million SIAC award against Indonesia’s Lippo Group – even though the bulk of the award has been declared unenforceable by the courts in Singapore.

Botswana mining deal leads to LCIA claim

Botswana mining deal leads to LCIA claim

06 December 2016

COUNSEL REVEALED. A nickel producer partly owned by Russian metals giants Interros and Rusal has filed an LCIA claim worth over US$270 million against a liquidated state mining company in Botswana following the failed purchase of a South African mine.

Hong Kong unveils IP arbitration bill

Hong Kong unveils IP arbitration bill

02 December 2016

In a bid to become a “premier hub” for intellectual property disputes in the Asia-Pacific region, Hong Kong has published a bill proposing to amend its arbitration ordinance to clarify that IP disputes are arbitrable and that enforcement of IP-related awards does not breach public policy.

Landau denied second appearance in Singapore

Landau denied second appearance in Singapore

30 November 2016

Four years after he was admitted for the landmark Astro v Lippo case, English barrister Toby Landau QC has been denied permission to appear in the Singapore courts on behalf of a Chinese client in a challenge to a US$149 million ICC award.

German power plant operator claims victory in ICC case

German power plant operator claims victory in ICC case

25 November 2016

A German-Austrian energy consortium says it has prevailed in a €1.2 billion ICC dispute with subsidiaries of Japan’s Hitachi group over the construction of a power plant on the Rhine, though the size of the award has been contested.

Russian ex-politician’s assets frozen in LA after mall dispute

Russian ex-politician’s assets frozen in LA after mall dispute

23 November 2016

A former Russian politician’s worldwide assets have been frozen after a Los Angeles court ruled that his “pattern of avoidance and concealment” would prevent his one-time business partner from successfully enforcing a US$84 million LCIA award in a dispute over a Moscow mall.

Costs and duration – SIAC, the LCIA and the SCC compared

Costs and duration – SIAC, the LCIA and the SCC compared

23 November 2016

SIAC has become the third international arbitration institution in the past year to publish information on the average costs and duration of arbitration. Katherine Proctor, legal director at Clyde & Co, broadly compares the data concerning cases under SIAC’s 2013 rules with recent data released by the LCIA and the Arbitration Institute of the Stockholm Chamber of Commerce.

Turkey and Iran see end to gas price review

Turkey and Iran see end to gas price review

22 November 2016

An ICC tribunal has granted Turkish state pipeline company BOTAŞ a retroactive cut in the price of gas from Iran worth several billion dollars while ordering it to pay part of the Iranian side’s legal and arbitration costs.

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.