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Commercial Arbitration

Oil companies fight Oxy for share of ICSID award

Oil companies fight Oxy for share of ICSID award

27 February 2019

Houston-based Occidental Petroleum has failed in a bid to restrain Canadian oil and gas company Encana from pursuing claims against it in an ICDR arbitration over rights to the proceeds of a billon-dollar ICSID award against Ecuador.

Chinese hospital dispute leads to SIAC award

Chinese hospital dispute leads to SIAC award

22 February 2019

A Singaporean subsidiary of Indonesia’s Lippo Group has obtained a freezing order from the Hong Kong courts as it seeks to enforce a SIAC award worth US$42 million plus interest arising from a dispute over control of a hospital in mainland China.

Austrian businessman takes on Tajikistan

Austrian businessman takes on Tajikistan

22 February 2019

UPDATED: An Austrian cotton investor has filed a claim against Tajikistan at ICSID after a state-owned bank refused to comply with a US$20 million commercial arbitration award.

Smartphone maker waived right to arbitrate, US court finds

Smartphone maker waived right to arbitrate, US court finds

21 February 2019

A Texas court has denied a motion by Taiwanese smartphone maker HTC to compel arbitration of counterclaims brought by Sweden’s Ericsson in a pending litigation between the two companies over licensing of patents.

Pharma fraud award upheld but minors spared liability

Pharma fraud award upheld but minors spared liability

20 February 2019

The Singapore High Court has upheld a US$530 million ICC award that held Indian brothers Malvinder and Shivinder Mohan Singh and their companies liable for fraud over the sale of a pharmaceutical business – while annulling its findings against their children.

Brazilian airline denied enforcement in Cayman Islands

Brazilian airline denied enforcement in Cayman Islands

20 February 2019

The Grand Court of the Cayman Islands has refused to enforce a US$55 million ICC award issued a decade ago in favour of a Brazilian airline, finding that two private equity funds that were held liable had not consented to the arbitration.

SCC joins Turkmenistan to potash plant dispute

SCC joins Turkmenistan to potash plant dispute

20 February 2019

The SCC board has granted a request to join Turkmenistan as an additional party to an arbitration commenced by a state organ over the construction of a billion-dollar potash fertiliser plant.

Challenges to enforcement of foreign awards: recent cases from Indonesia

Challenges to enforcement of foreign awards: recent cases from Indonesia

19 February 2019

Andi Kadir and Bernard Sihombing of HHP Law Firm (Baker McKenzie in Jakarta) consider recent trends in challenges to the enforcement of foreign arbitral awards in Indonesia.

Egyptian state entity faces ICSID claim

Egyptian state entity faces ICSID claim

18 February 2019

A UK energy company has threatened to bring an ICSID claim against an Egyptian state-owned entity if it fails to pay its debts under various gas sales agreements.

Post-M&A dispute heads to Swiss chambers

Post-M&A dispute heads to Swiss chambers

13 February 2019

Swiss energy company Alpiq has brought an arbitration in Switzerland against France’s Bouygues Construction to resolve a purchase price adjustment dispute following the €750 million sale of its engineering services business last year.