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Enforcement and Set-Aside

Ontario passes new law

Ontario passes new law

24 March 2017

Ontario has passed a new international commercial arbitration act to bring the province’s arbitration regime in line with international standards and provide greater clarity on certain matters.

Abu Dhabi fund won’t challenge Citigroup award

Abu Dhabi fund won’t challenge Citigroup award

22 March 2017

A United Arab Emirates sovereign wealth fund that lost a US$2 billion ICDR claim against Citigroup over alleged mismanagement during the 2008 global financial crisis says it does not intend to challenge the now public award.

Indian court says IMAX challenge should be heard in London

Indian court says IMAX challenge should be heard in London

14 March 2017

The Indian Supreme Court has rejected a challenge to two awards in favour of Canadian cinema company IMAX, ruling that the complaint should have been filed in London.

Kabul power plant award upheld in UK

Kabul power plant award upheld in UK

14 March 2017

An English court has refused to set aside an ICC award won by an Afghan contractor against a US engineering firm in a dispute over the construction of a power station near Kabul’s international airport.

Ecuador faces bid to enforce treaty award in US court

Ecuador faces bid to enforce treaty award in US court

06 March 2017

A Canadian mining company has applied to a US court to enforce a US$25 million investment treaty award against Ecuador – as the state seeks to overturn the award in the Dutch courts.

No security needed to challenge enforcement under New York Convention, rules UK Supreme Court

No security needed to challenge enforcement under New York Convention, rules UK Supreme Court

01 March 2017

The UK Supreme Court has overturned a ruling requiring Nigeria’s national oil company to provide security as a condition of challenging the enforcement of a US$340 million award – in a decision with major consequences for the relationship between the New York Convention and national laws.

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.