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Commercial Arbitration

Freezing order upheld in aid of tech dispute in Zurich

Freezing order upheld in aid of tech dispute in Zurich

16 October 2018

The High Court in London has upheld a worldwide freezing order against a British environmental waste management group and one of its directors pending an arbitration with a Turkish joint venture partner that is being heard in Zurich under ICC rules.

Freeze on proceeds of SIAC claim upheld in Australia

Freeze on proceeds of SIAC claim upheld in Australia

15 October 2018

A court in Western Australia has upheld a US$14 million freezing order against a Spanish-owned construction company that prevents it from disposing of the prospective proceeds of a SIAC arbitration against Samsung.

ICC rejects challenge based on arbitrator’s age

ICC rejects challenge based on arbitrator’s age

15 October 2018

76-year old Swedish arbitrator Sigvard Jarvin has survived an attempt to disqualify him as chair of a billion-dollar construction dispute at the ICC on the grounds that his age meant there was a risk he would fail to finish hearing the case and that the costs of insuring against such an event were prohibitive.

Hong Kong court agrees to wait to consider CIETAC award

Hong Kong court agrees to wait to consider CIETAC award

15 October 2018

A Hong Kong court has sided with a Beijing-based subsidiary of an oil and gas company and agreed to wait to consider whether to set aside an order for the enforcement of a US$20 million CIETAC award until after the outcome of a challenge to the award in mainland China.

Brazilian company’s exclusion from oil block upheld

Brazilian company’s exclusion from oil block upheld

09 October 2018

An LCIA-administered UNCITRAL tribunal has issued a partial award in a dispute between Brazilian partners in an oil exploration venture off the coast of Rio de Janeiro, finding that a notice to exclude one of the partners from the project was validly issued.

Leaked award raises bribery concerns over arms deal

Leaked award raises bribery concerns over arms deal

09 October 2018

Wikileaks has published a previously confidential ICC award revealing that a French state-owned arms manufacturer paid hundreds of millions of dollars in “commissions” to an agent to secure a lucrative military contract from the United Arab Emirates, only to later argue that the payments were corrupt.

Petrobras urges court to examine “bribery scheme”

Petrobras urges court to examine “bribery scheme”

08 October 2018

Brazil’s state-run oil and gas company Petrobras has urged a US court not to enforce a US$622 million award arising from a contract allegedly procured through bribery of public officials – but the Cayman entity that won the award says no “redo” of the arbitration is allowed.

Dissenting arbitrator faces subpoena bid

Dissenting arbitrator faces subpoena bid

08 October 2018

A US arbitrator who refused to join in a US$622 million award against Petrobras because of concerns about due process should be compelled to give evidence to explain his “extraordinary” dissent, the Brazilian company says.

Brower under fire over conduct in Petrobras case

Brower under fire over conduct in Petrobras case

08 October 2018

Petrobras has accused leading US arbitrator Charles N Brower of showing “open hostility” towards it by aggressively questioning its witnesses and making “belittling comments” to its counsel – also suggesting that he fell asleep at the hearing.

Award against Yemen enforced in US

Award against Yemen enforced in US

08 October 2018

A court in Washington, DC has granted a motion for default judgment confirming an ICC arbitral award won by three Indian oil companies that terminated their operations in Yemen in the wake of protests against the country’s president of 32 years, Ali Abdullah Saleh.