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Enforcement and Set-Aside

Paulsson award overturned after findings of money laundering by Kyrgyz bank

Paulsson award overturned after findings of money laundering by Kyrgyz bank

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

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

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

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

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

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

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.

Enforcement of Micula award against Romania stayed in UK

Enforcement of Micula award against Romania stayed in UK

20 January 2017

UPDATED. An English court has rejected a request by Romania to set aside the registration of an ICSID award in favour of twin brothers Ioan and Viorel Micula – but stayed the enforcement pending the outcome of ongoing proceedings in the European courts.

Niger loses Central Park mansion in New York enforcement row

Niger loses Central Park mansion in New York enforcement row

19 January 2017

A mansion in New York’s affluent Upper East Side opposite Central Park has been attached by a court to satisfy a US$46 million award against the West African state of Niger in a dispute over a contract to produce biometric and electronic passports.

Security granted in Venezuelan mining fight

Security granted in Venezuelan mining fight

18 January 2017

A British Virgin Islands-registered commodities group has applied to a court in Miami to enforce a partial award that orders a Venezuelan state mining company to pay security for costs while a US$212 million dispute over iron ore is resolved.

LCIA award upheld in Moscow mall dispute

LCIA award upheld in Moscow mall dispute

21 December 2016

The English Court of Appeal has upheld a US$84 million LCIA award against a former Russian politician in a dispute over a Moscow mall, only a month after a court in Los Angeles imposed a worldwide freeze on his assets in support of the award.

Argentina fails to annul Saur award

Argentina fails to annul Saur award

20 December 2016

An ICSID annulment committee has rejected Argentina’s request to annul a US$59 million award in favour of French water management company Saur International.