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Enforcement and Set-Aside

New hurdles for ICSID creditors in New York

New hurdles for ICSID creditors in New York

12 July 2017

Creditors of foreign states can no longer have their ICSID awards recognised in New York on an ex parte basis, following an appeal by Venezuela over a procedural issue that has divided the US courts.

Annulled Guinea award blocked again in US

Annulled Guinea award blocked again in US

07 July 2017

A US appeals court has refused to enforce an award against Guinea that was set aside by a West African court after the arbitrators negotiated a fee rise.

Ghana creditor targets assets in South Africa

Ghana creditor targets assets in South Africa

06 July 2017

A US power company has applied to a South African court to force Ghana to sell its shares in Johannesburg-based mining group AngloGold Ashanti to satisfy a Permanent Court of Arbitration award issued three years ago.

Moscow court blocks enforcement against Ukrainian state assets

Moscow court blocks enforcement against Ukrainian state assets

04 July 2017

A Russian oil company has failed in a bid to collect on a US$144 million investment treaty award by enforcing it against Ukrainian state-owned assets in Moscow.

Failed ICSID claimant honours El Salvador costs award

Failed ICSID claimant honours El Salvador costs award

04 July 2017

A subsidiary of Australian mining company OceanaGold has paid El Salvador more than US$8 million to satisfy an ICSID costs award, following the dismissal of its controversial US$250 million claim against the state last year.

Senior Dutch judge criticised over Yukos expert role

Senior Dutch judge criticised over Yukos expert role

30 June 2017

The Dutch Supreme Court has partly upheld a complaint by Russia that one of its former judges acted inappropriately by providing an expert opinion to the former majority shareholders in Yukos while he still held an advisory position at the court.

Spanish solar award confirmed in New York

Spanish solar award confirmed in New York

29 June 2017

Spain has applied to a New York court to undo the confirmation of a €128 million Energy Charter Treaty award that compensated a UK investor for changes to renewable energy subsidies.

Rocket funds released in Yukos battle

Rocket funds released in Yukos battle

27 June 2017

A French court has released seized funds of around €300 million owed to Russian space agency Roscosmos for the sale of rockets, after finding that the state entity is not liable for Russia's debt in the US$50 billion Yukos awards.

Award against Equatorial Guinea upheld in France

Award against Equatorial Guinea upheld in France

23 June 2017

Equatorial Guinea has lost an appeal over a €132 million ICC award in favour of Orange after France’s Court of Cassation rejected arguments that tribunal chair Horacio Grigera Naón’s role in another arbitration with the French telecoms group created a justifiable doubt as to his impartiality.

Yukos investors target Rosneft counsel with discovery requests

Yukos investors target Rosneft counsel with discovery requests

21 June 2017

UPDATED: The former majority shareholders in Yukos have asked the US courts to compel two lawyers, including a partner at Baker Botts, to produce evidence relating to allegations that Russia and its state-run oil company Rosneft manipulated the Armenian judiciary’s rulings in Yukos-related matters.