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Enforcement and Set-Aside

Kabul power plant award upheld in UK

Kabul power plant award upheld in UK

Premium article - 14 March 2017

An English court has upheld an ICC award won by an Afghan contractor in a dispute over a power station near Kabul’s international airport – while criticising a “wholly inappropriate” e-mail that one of the arbitrators sent to the party that appointed him.

Ecuador faces bid to enforce treaty award in US court

Ecuador faces bid to enforce treaty award in US court

Premium article - 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

Premium article - 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.

Paulsson award overturned after findings of money laundering by Kyrgyz bank

Paulsson award overturned after findings of money laundering by Kyrgyz bank

Premium article - 23 February 2017

A Paris court has set aside an award against Kyrgyzstan issued by a Jan Paulsson-led tribunal, after ruling that the bank at the heart of the dispute had been established by Latvian businessman Valeri Belokon to facilitate money-laundering.

Trinidad natural gas dispute taken to US court

Trinidad natural gas dispute taken to US court

Premium article - 20 February 2017

A Spanish energy company has applied to a US court to set aside an UNCITRAL award rejecting its claim against a Caribbean liquid natural gas producer – accusing the tribunal of making it “procedurally impossible” for the company to prevail.

French court tells Getma to cover Guinea’s costs

French court tells Getma to cover Guinea’s costs

Premium article - 13 February 2017

The French Court of Cassation has said that a subsidiary of French group NCT Necotrans is liable to pay Guinea’s unpaid fees from their OHADA arbitration – ruling that the parties still have liability to jointly pay costs even though the institutional rules are silent on the issue.

French court lifts Yukos freezing order

French court lifts Yukos freezing order

Premium article - 10 February 2017

In the latest ruling in the Yukos saga, a French first instance court has lifted an attachment on debts owed to Russian state-owned aerospace companies by their French counterpart, Arianespace.

More questions than answers after Second Circuit ruling

More questions than answers after Second Circuit ruling

Premium article - 06 February 2017

Columbia Law School professor George Bermann finds positive and troubling aspects in a recent Second Circuit decision that gave a group of Brazilian companies a second chance to pursue enforcement of an ICC award against alleged alter egos of the award debtor.

UK Supreme Court hears New York Convention appeal

UK Supreme Court hears New York Convention appeal

Premium article - 03 February 2017

The UK Supreme Court has heard an appeal by Nigeria’s national oil company against a requirement that it provide security as a condition of challenging the enforcement of a US$340 million award –raising key questions about the interplay of UK procedural law and the New York Convention.

Swiss court affirms Jordan award over “fraudulent” share sale

Swiss court affirms Jordan award over “fraudulent” share sale

Premium article - 30 January 2017

Switzerland’s top court has upheld an LCIA award rejecting a US$130 million claim against a Jordanian state-owned fund after finding that the underlying share purchase deal was fraudulent– as it emerges that related ICSID and UNCITRAL claims have been discontinued.