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Enforcement and Set-Aside

Swatch appeal goes like clockwork

Swatch appeal goes like clockwork

25 April 2017

The Amsterdam Court of Appeal has reinstated a US$450 million award in favour of Swiss watchmaker Swatch against US jeweller Tiffany that was set aside two years ago.

El Salvador pursues Pac Rim and defeats motorway claim

El Salvador pursues Pac Rim and defeats motorway claim

19 April 2017

As El Salvador freezes the assets of a failed ICSID claimant to collect on a costs award, the state has reported a “new victory” in an unrelated arbitration over a project to extend one of the country’s largest motorways.

Pemex settles Commisa case

Pemex settles Commisa case

11 April 2017

Mexico’s national oil company has settled a 13-year-old dispute with US engineering company KBR, ending a long-running fight over the enforcement of a US$300 million ICC award that has been set aside in Mexico and upheld in New York.

Indonesia mining award to face annulment bid

Indonesia mining award to face annulment bid

03 April 2017

London-listed Churchill Mining has applied to annul an award rejecting its US$1.3 billion claim against Indonesia in which key documents were alleged to have been forged, citing the tribunal's decisions on evidence.

Ukraine faces enforcement bid in DC

Ukraine faces enforcement bid in DC

03 April 2017

Russian oil company Tatneft has applied to a court in Washington, DC to enforce a US$112 million investment treaty award against Ukraine, months after it was upheld by the French courts.

No second chance for Lippo, rules Hong Kong court

No second chance for Lippo, rules Hong Kong court

31 March 2017

Hong Kong’s court of appeal has rejected a request by Indonesia’s Lippo Group to challenge a US$130 million SIAC award before the highest court in the special administrative region – a move that continues to set the city’s jurisprudence at odds with that of Singapore, where the courts have refused to uphold the bulk of the award.

Ontario passes new law

Ontario passes new law

24 March 2017

Ontario has passed a new international commercial arbitration act to bring the province’s arbitration regime in line with international standards and provide greater clarity on certain matters.

Abu Dhabi fund won’t challenge Citigroup award

Abu Dhabi fund won’t challenge Citigroup award

22 March 2017

A United Arab Emirates sovereign wealth fund that lost a US$2 billion ICDR claim against Citigroup over alleged mismanagement during the 2008 global financial crisis says it does not intend to challenge the now public award.

Indian court says IMAX challenge should be heard in London

Indian court says IMAX challenge should be heard in London

14 March 2017

The Indian Supreme Court has rejected a challenge to two awards in favour of Canadian cinema company IMAX, ruling that the complaint should have been filed in London.

Kabul power plant award upheld in UK

Kabul power plant award upheld in UK

14 March 2017

An English court has refused to set aside an ICC award won by an Afghan contractor against a US engineering firm in a dispute over the construction of a power station near Kabul’s international airport.

Ecuador faces bid to enforce treaty award in US court

Ecuador faces bid to enforce treaty award in US court

06 March 2017

A Canadian mining company has applied to a US court to enforce a US$25 million investment treaty award against Ecuador – as the state seeks to overturn the award in the Dutch courts.

No security needed to challenge enforcement under New York Convention, rules UK Supreme Court

No security needed to challenge enforcement under New York Convention, rules UK Supreme Court

01 March 2017

The UK Supreme Court has overturned a ruling requiring Nigeria’s national oil company to provide security as a condition of challenging the enforcement of a US$340 million award – in a decision with major consequences for the relationship between the New York Convention and national laws.