Topic: Attachments and freezing orders

Albania faces claim over gas turbine power plant

Albania is facing an Energy Charter Treaty claim by an Austrian engineering company over a failed power plant project – as the state sees a Belgian court issue attachments in relation to an ICSID award won by a group of Italian investors.

05 May 2022

Will US face treaty claims over oligarch measures?

US President Joe Biden’s proposals to make it easier to sell off assets of Russian oligarchs in response to the war in Ukraine could lead to investment arbitrations against the United States, but practitioners are doubtful that such claims would succeed.

29 April 2022

Libyan authority shakes off French attachments

A French court has lifted attachments on assets of the Libyan Investment Authority worth several hundred million euros – following a European Court of Justice ruling that practitioners say is also likely to complicate enforcement against Russian assets.

20 April 2022

Freezing injunctions against non-signatories in the BVI

Peter Ferrer of Harneys considers a recent British Virgin Islands freezing injunction granted in aid of a foreign arbitration against non-signatories and how it departs from English principles.

25 February 2022

ECJ bars attachment of sanctioned assets

A Kuwaiti company’s efforts to collect on a billion-dollar award against Libya may have been dealt a blow after the European Court of Justice ruled that EU law precludes the attachment of assets that have been frozen as a result of international sanctions.

11 November 2021

Covid plea fails to halt Hong Kong share freeze

A Hong Kong court has granted an injunction in aid of a CIETAC claim over a share transfer that was terminated on the grounds of covid-19 and “deteriorating Sino-US relations”.

20 October 2021

Haiti fails to stay claim as central bank assets unfrozen

A New York state court has refused to grant Haiti a stay of a US$94 million ad hoc arbitration brought by a petroleum supplier, after a federal court lifted an attachment on assets owned by the Caribbean state’s central bank.

18 October 2021

Privy Council clarifies law on freezing injunctions

The UK Privy Council has confirmed that common law courts can grant freezing injunctions against parties over whom they have personal jurisdiction to aid enforcement of foreign judgments.

06 October 2021

Laos denied injunction in pursuit of “alter egos”

A federal court in Idaho has refused to grant Laos a preliminary injunction as it targets the assets of a US businessman behind two unsuccessful investment treaty claims.

28 July 2021

Caribbean appeal court can’t grant interim relief against Pakistan

The Eastern Caribbean Court of Appeal has ruled it has no power to grant injunctive relief against Pakistan at the request of an ICSID creditor when a lower court’s finding that the state enjoys immunity has not been set aside.

15 July 2021

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