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Enforcement and Set-Aside

ECT award survives fraud challenge in Sweden

ECT award survives fraud challenge in Sweden

12 December 2016

A Swedish court has refused a request by Kazakhstan to set aside a US$506 million Energy Charter Treaty award in favour of a group of Moldovan investors that the state alleged was tainted by fraud.

Thailand loses German appeal over treaty award

Thailand loses German appeal over treaty award

12 December 2016

Germany’s Federal Court of Justice has upheld a €45 million award against Thailand, accepting evidence provided by the German government that the claimant had an approved investment protected by a treaty.

Lippo fails to undo enforcement in Hong Kong

Lippo fails to undo enforcement in Hong Kong

07 December 2016

In a closely watched case that has divided Asia’s two leading arbitration jurisdictions, Hong Kong’s Court of Appeal has upheld the enforcement of a US$130 million SIAC award against Indonesia’s Lippo Group – even though the bulk of the award has been declared unenforceable by the courts in Singapore.

Ukraine fails to quash treaty award in Paris

Ukraine fails to quash treaty award in Paris

01 December 2016

The Paris Court of Appeal has dismissed a request by Ukraine to set aside a US$112 million investment treaty award in favour of Russian oil company Tatneft, rejecting arguments that the tribunal lacked jurisdiction and that presiding arbitrator Francisco Orrego Vicuña lacked independence and impartiality.

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.

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.

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.

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.