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Enforcement and Set-Aside

English QC to appear for Lesotho in Singapore

English QC to appear for Lesotho in Singapore

Premium article - 08 September 2016

The Singapore High Court has allowed English barrister Samuel Wordsworth QC to appear on behalf of Lesotho in its efforts to set aside an investment treaty award that held the southern African state liable for a denial of justice.


Italian judges tend to uphold awards, research shows

Italian judges tend to uphold awards, research shows

Premium article - 08 September 2016

Ten years after a reform of the Italian law doubled the grounds for challenging arbitral awards set out in the UNCITRAL Model Law, a researcher at Bocconi School of Law in Milan has found that Italian judges tend to uphold awards regardless.

Crystallex less distressed after enforcement in Canada

Crystallex less distressed after enforcement in Canada

Premium article - 28 July 2016

A Toronto court has enforced a US$1.4 billion ICSID award in favour of distressed Canadian mining company Crystallex, which holds that Venezuela expropriated its investment in one of the world’s largest gold deposits.

GE enforces, but not against “alter egos”

GE enforces, but not against “alter egos”

Premium article - 28 June 2016

A US court has confirmed a US$476 million award in favour of a General Electric subsidiary but has refused to allow enforcement against the debtor company’s Chinese CEO or alleged alter ego companies that weren’t parties to the arbitration.

Alstom award enforced against non-signatory

Alstom award enforced against non-signatory

Premium article - 28 June 2016

A New York court has confirmed an ICC award in favour of French power group Alstom, which held that a Brazilian subsidiary of Japanese insurer Mitsui Sumitomo was bound by an arbitration agreement it had not signed.

Blood plasma enforcement bid can go ahead, US appeal court says

Blood plasma enforcement bid can go ahead, US appeal court says

Premium article - 21 June 2016

An appeal court in Washington, DC has said a supplier of blood plasma for medical use can seek to enforce a US$200 million award against the Czech Republic, the latest development in a 20-year dispute.

Privy Council rejects set aside based on fraud trial evidence

Privy Council rejects set aside based on fraud trial evidence

Premium article - 16 June 2016

The UK Privy Council has refused to set aside an LCIA award relating to a share purchase agreement between Russian and British Virgin Islands' companies, saying that evidence that emerged in a fraud trial after the arbitration would not have affected the outcome.

SCC emergency award enforced against Ukraine

SCC emergency award enforced against Ukraine

Premium article - 13 June 2016

A Kiev appeal court has enforced an SCC emergency award issued in support of an Energy Charter Treaty claim against Ukraine – as an investor’s efforts to obtain emergency relief in an unrelated dispute with Moldova are rebuffed.

Belize loses appeals over LCIA awards

Belize loses appeals over LCIA awards

Premium article - 31 May 2016

UPDATED: A US appeal court has rejected Belize’s attempts to undo the confirmation of LCIA awards rendered in two separate disputes, as the US Supreme Court considers whether to grant the state leave to appeal enforcement of an award in a third case.

AES moves to enforce Argentine gas exports award

AES moves to enforce Argentine gas exports award

Premium article - 23 May 2016

Argentina’s national oil and gas company YPF is facing US enforcement proceedings after an ICC tribunal ordered it to pay US$504 million plus interest for breaching contracts relating to the export of natural gas to Brazil.