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Enforcement and Set-Aside

New York Convention trends discussed in New York and Paris

Premium article - 31 October 2017

Two recent events in New York and Paris organised by Shearman & Sterling and UNCITRAL and moderated by Emmanuel Gaillard looked at a recently published guide to the New York Convention and explored trends and developments in relevant case law. Margaret Clare Ryan, a senior associate in Shearman & Sterling’s international arbitration group in London, reports.

Indian advocate admitted for Singapore set-aside

Indian advocate admitted for Singapore set-aside

Premium article - 31 October 2017

Harish Salve SA of Blackstone Chambers in London has been granted permission to appear in the Singapore courts on behalf of an Indian pharmaceutical group seeking to set aside a US$550 million ICC award – the first time that the city-state has admitted a foreign lawyer from outside the English bar.

Ukraine loses challenge to treaty award

Ukraine loses challenge to treaty award

Premium article - 30 October 2017

An English court has upheld an investment treaty award requiring Ukraine to pay US$12 million to London-listed oil and gas company JKX in compensation for measures restricting the sale of gas and transfer of dividends.

Croatia fails to annul award in bribery case

Croatia fails to annul award in bribery case

Premium article - 27 October 2017

UPDATED: Switzerland’s top court has upheld an UNCITRAL award that dismissed Croatia’s claim against a Hungarian oil company accused of bribing its former prime minister.

Kazakhstan loses final appeal over ECT award

Kazakhstan loses final appeal over ECT award

Premium article - 26 October 2017

Sweden’s Supreme Court has ended Kazakhstan’s attempt to set aside a US$506 million Energy Charter Treaty award it says is tainted by fraud.

Third-party debt can be used for award enforcement, rules UK Supreme Court

Third-party debt can be used for award enforcement, rules UK Supreme Court

Premium article - 25 October 2017

The UK Supreme Court has overturned a decision that said third-party debt could not be used to enforce an award against Iraq’s state oil marketing company, with two judges dissenting.

Romania undoes enforcement of Micula award

Romania undoes enforcement of Micula award

Premium article - 24 October 2017

A US appeal court has overturned the expedited recognition of a US$252 million award in favour of brothers Ioan and Viorel Micula against Romania – following a recent precedent that ICSID awards against foreign states cannot be enforced on an ex parte basis.

Ukraine asks Russia’s top court to bar Tatneft enforcement

Ukraine asks Russia’s top court to bar Tatneft enforcement

Premium article - 19 October 2017

Ukraine has appealed to Russia’s Supreme Court to try and bar enforcement of an investment treaty award worth US$144 million in favour of Russian oil company Tatneft – as the state also contests enforcement of the award in three other jurisdictions.

English court upholds LCIA award in oligarch joint venture dispute

English court upholds LCIA award in oligarch joint venture dispute

Premium article - 13 October 2017

The English Commercial Court has dismissed a challenge to a US$300 million LCIA award issued in a joint venture dispute between Ukrainian-Russian oligarchs, ruling that it did not contain serious irregularity.

Yukos shareholders give up on enforcement in France

Yukos shareholders give up on enforcement in France

Premium article - 10 October 2017

The former majority shareholders in Yukos who won a US$50 billion award against Russia three years ago have abandoned their attempt to enforce it in France, saying it “no longer makes economic sense”.