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Enforcement and Set-Aside

Decision on dual nationals is partially set aside

Decision on dual nationals is partially set aside

Premium article - 26 April 2017

A French court has partially annulled a jurisdictional decision in a bilateral investment treaty case against Venezuela but said the arbitrators did not err in concluding that the BIT in question allows claims by dual nationals.

Swatch appeal goes like clockwork

Swatch appeal goes like clockwork

Premium article - 25 April 2017

The Amsterdam Court of Appeal has reinstated a US$450 million award in favour of Swiss watchmaker Swatch against US jeweller Tiffany that was set aside two years ago.

El Salvador pursues Pac Rim and defeats motorway claim

El Salvador pursues Pac Rim and defeats motorway claim

Premium article - 19 April 2017

As El Salvador freezes the assets of a failed ICSID claimant to collect on a costs award, the state has reported a “new victory” in an unrelated arbitration over a project to extend one of the country’s largest motorways.

Pemex settles Commisa case

Pemex settles Commisa case

Premium article - 11 April 2017

Mexico’s national oil company has settled a 13-year-old dispute with US engineering company KBR, ending a long-running fight over the enforcement of a US$300 million ICC award that has been set aside in Mexico and upheld in New York.

Indonesia mining award to face annulment bid

Indonesia mining award to face annulment bid

Premium article - 03 April 2017

London-listed Churchill Mining has applied to annul an award rejecting its US$1.3 billion claim against Indonesia in which key documents were alleged to have been forged, citing the tribunal's decisions on evidence.

Ukraine faces enforcement bid in DC

Ukraine faces enforcement bid in DC

Premium article - 03 April 2017

Russian oil company Tatneft has applied to a court in Washington, DC to enforce a US$112 million investment treaty award against Ukraine, months after it was upheld by the French courts.

No second chance for Lippo, rules Hong Kong court

No second chance for Lippo, rules Hong Kong court

Premium article - 31 March 2017

Hong Kong’s court of appeal has rejected a request by Indonesia’s Lippo Group to challenge a US$130 million SIAC award before the highest court in the special administrative region – a move that continues to set the city’s jurisprudence at odds with that of Singapore, where the courts have refused to uphold the bulk of the award.

Ontario passes new law

Ontario passes new law

Premium article - 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

Premium article - 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.