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Enforcement and Set-Aside

What are the implications of the Yukos set-aside?

What are the implications of the Yukos set-aside?

02 November 2016

Volterra Fietta partner Graham Coop, former general counsel of the Energy Charter Secretariat, considers the Dutch court judgment that set aside the US$50 billion awards in the Yukos case and its implications for investors in Russia and other states that have signed the Energy Charter Treaty.

Pemex fails to reopen enforcement of annulled award

Pemex fails to reopen enforcement of annulled award

02 November 2016

A US appeals court has refused to reconsider its decision to enforce a US$300 million ICC award against Mexico’s national oil company Pemex that was set aside at the Mexican seat of arbitration.

Did Russia crow too soon? Hague court to decide whether to split Yukos appeal  next year

Did Russia crow too soon? Hague court to decide whether to split Yukos appeal next year

Premium article - 27 October 2016

The judges who will hear the appeal against the set-aside of the Yukos awards have overridden the ruling of a docket judge declared a procedural victory by Russia and indicated they will not decide whether to split the appeal until a hearing in mid-January.

Third parties collect on Argentina’s treaty awards

Third parties collect on Argentina’s treaty awards

Premium article - 26 October 2016

Argentina has made good on its promise to settle two investment treaty awards, paying out more than US$200 million in bonds to third parties that purchased the rights to the claims.

France warned of treaty claim over Yukos asset seizures

France warned of treaty claim over Yukos asset seizures

Premium article - 24 October 2016

Russia’s former space agency Roscosmos and its partners have threatened to bring an investment treaty claim against France over the seizure of €300 million in funds that are the target of enforcement efforts by the former majority shareholders of Yukos.

Parties can raise merits during stay request, rules Zimbabwe  committee

Parties can raise merits during stay request, rules Zimbabwe committee

Premium article - 20 October 2016

An ad hoc committee considering whether to annul two ICSID awards against Zimbabwe over its “racially discriminatory” land reform programme has said it will not bar discussion of the merits of the annulment request in a hearing on whether to stay enforcement.

Swiss court agrees French trader had no investment in Vietnam

Swiss court agrees French trader had no investment in Vietnam

Premium article - 17 October 2016

Switzerland’s top court has affirmed a tribunal’s decision that it lacked jurisdiction to hear an UNCITRAL claim against Vietnam because the claimant, a French trader of merchandise, did not have an investment in the state.

Docomo-Tata dispute plays out in New York and London

Docomo-Tata dispute plays out in New York and London

Premium article - 07 October 2016

UPDATED. Japanese mobile phone company NTT Docomo has taken its effort to enforce a US$1.17 billion LCIA award against Tata to New York, while the Indian group has filed evidence in London to oppose an ex parte enforcement order that has already been granted.

Arms company enforces against Libya in the US

Arms company enforces against Libya in the US

Premium article - 07 October 2016

A US arms manufacturer has succeeded in enforcing a US$23 million ICC award against Libya relating to a contract to supply an elite army force led by former president Muammar Gaddafi’s son.

Yukos shareholder abandons cathedral crusade

Yukos shareholder abandons cathedral crusade

Premium article - 06 October 2016

UPDATED. One of the former majority shareholders in Yukos has withdrawn proceedings in a French court regarding attached land near the Eiffel Tower on which Russia has built a cathedral.