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Enforcement and Set-Aside

Landau denied second appearance in Singapore

Landau denied second appearance in Singapore

30 November 2016

Four years after he was admitted for the landmark Astro v Lippo case, English barrister Toby Landau QC has been denied permission to appear in the Singapore courts on behalf of a Chinese client in a challenge to a US$149 million ICC award.

Kyrgyz counsel conflict claim no bar to enforcement in Canada

Kyrgyz counsel conflict claim no bar to enforcement in Canada

23 November 2016

An Ontario court has upheld a Turkish construction company’s US$22.7 million award against Kyrgyzstan, rejecting arguments that its enforcement was against public policy because the state’s counsel in the arbitration had failed to disclose a conflict of interests.

French court unfreezes Russian assets in Yukos battle

French court unfreezes Russian assets in Yukos battle

23 November 2016

The Paris Court of Appeal has lifted attachments obtained by one of the former majority shareholders in Yukos against €400 million in assets owned by three Russian state enterprises.

Russian ex-politician’s assets frozen in LA after mall dispute

Russian ex-politician’s assets frozen in LA after mall dispute

23 November 2016

A former Russian politician’s worldwide assets have been frozen after a Los Angeles court ruled that his “pattern of avoidance and concealment” would prevent his one-time business partner from successfully enforcing a US$84 million LCIA award in a dispute over a Moscow mall.

French Council of State rules on set-aside powers

French Council of State rules on set-aside powers

16 November 2016

France’s supreme administrative court has ruled for the first time on its power to review international arbitration awards arising from public contracts, partially setting aside an ICC award relating to a liquefied natural gas terminal on the country’s Mediterranean coast.

PDVSA loses appeal over refinery award

PDVSA loses appeal over refinery award

08 November 2016

A US appeals court has refused to undo the enforcement of an ICC award in favour of a ConocoPhillips spin-off against Venezuela’s state oil company PDVSA, rejecting arguments that it violated public policy.

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.