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Enforcement and Set-Aside

English court upholds LCIA award in oligarch joint venture dispute

English court upholds LCIA award in oligarch joint venture dispute

13 October 2017

The English Commercial Court has dismissed a challenge to a US$300 million LCIA award issued in a joint venture dispute between Ukrainian-Russian oligarchs, ruling that it did not contain serious irregularity.

Yukos shareholders give up on enforcement in France

Yukos shareholders give up on enforcement in France

10 October 2017

The former majority shareholders in Yukos who won a US$50 billion award against Russia three years ago have abandoned their attempt to enforce it in France, saying it “no longer makes economic sense”.

Abyei award influences reasoning standard in Maori land dispute

Abyei award influences reasoning standard in Maori land dispute

10 October 2017

New Zealand's Court of Appeal has set aside the award in an ad hoc dispute over ancestral Maori lands – setting out the reasoning requirement and standard for awards under domestic law with reference to the Abyei Arbitration, among other cases.

Ukrainian gas award confirmed in Texas

Ukrainian gas award confirmed in Texas

04 October 2017

A US court has confirmed a US$147 million Stockholm Chamber of Commerce award in favour of a Kuwaiti-owned company against Ukraine’s biggest oil and gas producer.

Shanghai court asked to set aside award for res judicata

Shanghai court asked to set aside award for res judicata

04 October 2017

Following three arbitrations spanning 10 years, a German investor in a Chinese shopping mall has applied to a Shanghai court to set aside an award of the local arbitral commission on the grounds that it contradicts an earlier award in the same dispute.

Sawiris company seeks to annul Algeria award

Sawiris company seeks to annul Algeria award

03 October 2017

A company managed by Egyptian billionaire Naguib Sawiris has applied to ICSID to annul an award that rejected its US$4 billion treaty claim against Algeria as an abuse of rights.

Czech award blocked again in US

Czech award blocked again in US

02 October 2017

A US court has for a second time refused to enforce a blood plasma supplier’s US$650 million award against the Czech Republic, ruling that it was not binding because it failed to clear an arbitral review process.

Costs payday for Russia after withdrawn Yukos claim

Costs payday for Russia after withdrawn Yukos claim

29 September 2017

A Dutch company has paid a costs award to Russia after withdrawing one of a series of “second wave” Yukos-related claims against the state last year.

Syria award upheld in Switzerland

Syria award upheld in Switzerland

29 September 2017

A Middle Eastern company that saw the bulk of its US$300 million claim against Syria dismissed by an ICC tribunal has lost a challenge to the award before Switzerland’s highest court.

ECJ adviser gives thumbs-up to intra-EU BITs

ECJ adviser gives thumbs-up to intra-EU BITs

19 September 2017

In a closely watched case with implications for nearly 200 treaties, an advocate general of the European Court of Justice has advised that investor-state arbitration provisions in a bilateral investment treaty between the Netherlands and Slovakia are compatible with EU law.