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Enforcement and Set-Aside

New fronts open in Spanish solar battle

New fronts open in Spanish solar battle

23 May 2017

A British investment fund that won a €128 million Energy Charter Treaty award against Spain over renewable energy subsidies has applied to a US court to enforce it, as ICSID registers yet another claim against the state relating to reforms to that sector.

Amsterdam court weighs into Yukos battle

Amsterdam court weighs into Yukos battle

10 May 2017

An Amsterdam court has ruled that Russia unlawfully drove Yukos into bankruptcy, a decision that could have a bearing on the efforts of the oil company’s former majority shareholders to collect on their US$50 billion Energy Charter Treaty award against the state.

Ryanair ruling creates dual system for enforcement in France

Ryanair ruling creates dual system for enforcement in France

08 May 2017

A ruling that empowers the French administrative courts to hear petitions to enforce foreign awards arising from public contracts has created confusion for users and robbed France of its status as a leading arbitration venue, a prominent practitioner has warned.

Annulled Pemex award can’t be enforced in Luxembourg

Annulled Pemex award can’t be enforced in Luxembourg

02 May 2017

In a decision at odds with French and US case law, a Luxembourg court has blocked the enforcement of a US$300 million ICC award against Mexican state oil and gas company Pemex that was set aside at the seat of arbitration.

Egyptian state entities on hook for US$2 billion

Egyptian state entities on hook for US$2 billion

02 May 2017

A Swiss court has upheld an ICC award requiring two Egyptian state-owned entities to pay more than US$2 billion for terminating a deal to supply gas to Israel, two weeks after a tribunal in Cairo held the same entities liable in a related case.

Decision on dual nationals is partially set aside

Decision on dual nationals is partially set aside

26 April 2017

A French court has partially annulled a jurisdictional decision in a bilateral investment treaty case against Venezuela but said the arbitrators did not err in concluding that the BIT in question allows claims by dual nationals.

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.