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Enforcement and Set-Aside

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.

Forgery allegation fails to halt enforcement in Hong Kong

Forgery allegation fails to halt enforcement in Hong Kong

Premium article - 05 May 2016

The Hong Kong Court of First Instance has refused to halt the enforcement of an award rendered in Kuala Lumpur despite a coal supplier’s allegation that it was obtained through use of forged documents.

US$50 billion Yukos awards set aside in The Hague

US$50 billion Yukos awards set aside in The Hague

Premium article - 20 April 2016

UPDATED. In a spectacular reversal of fortune for Russia, a court in The Hague has set aside the US$50 billion Energy Charter Treaty awards in favour of the former majority shareholders in the Yukos Oil Company on jurisdictional grounds.

Crystallex moves to enforce against Venezuela

Crystallex moves to enforce against Venezuela

Premium article - 13 April 2016

Days after winning a US$1.4 billion ICSID award against Venezuela, distressed Canadian mining company Crystallex has applied to enforce it in the courts of Washington, DC.

Bottlemaker free to enforce against Venezuela, rules annulment committee

Bottlemaker free to enforce against Venezuela, rules annulment committee

Premium article - 07 April 2016

In a rare move, an ICSID annulment committee hearing Venezuela’s attempt to overturn an award in favour of US bottlemaker Owens-Illinois has lifted a stay of enforcement ahead of the outcome of the proceeding.