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Commercial Arbitration

Toshiba settles with Western Digital

Toshiba settles with Western Digital

15 December 2017

UPDATED Japanese technology maker Toshiba has settled a trio of ICC arbitrations with joint venture partner Western Digital and will proceed with the US$18 billion sale of its flash memory unit to a consortium led by Bain Capital.

English court rejects Ukrainian mall awards challenge

English court rejects Ukrainian mall awards challenge

08 December 2017

The High Court in London has rejected an attempt by a British Virgin Islands company to set aside three LCIA awards which ordered it to hand over its ownership of a Ukrainian shopping centre.

Ukrainian oligarch to pay for telecoms privatisation

Ukrainian oligarch to pay for telecoms privatisation

07 December 2017

An LCIA tribunal has ordered a company linked to one of Ukraine’s richest oligarchs to pay US$760 million still owed from its purchase of the state telecoms company, Ukrtelecom.

Mauritian state entity hit with cargo freeze in India

Mauritian state entity hit with cargo freeze in India

05 December 2017

A shipping company attempting to enforce a US$120 million SIAC award has secured an interim order from an Indian court preventing the transport of petroleum products from India to Mauritius, despite protests that a lack of available petrol is damaging the Indian Ocean state.

Dutch court declines enforcement of set aside award

Dutch court declines enforcement of set aside award

28 November 2017

The Supreme Court of the Netherlands has refused to enforce an arbitral award in favour of Russian metals billionaire Nikolay Maximov that has been set aside in Russia – but confirmed the power of the Dutch courts to do so in limited circumstances.

Ad agency reaches deal with Bain to avoid Tokyo claim

Ad agency reaches deal with Bain to avoid Tokyo claim

27 November 2017

UK-based WPP, the world’s largest advertising agency, has reached a deal with US private equity firm Bain Capital that could lead to the withdrawal of an arbitration the agency filed in Tokyo against its Japanese business partner.

Success fee in VIAC case triggers criminal probe

Success fee in VIAC case triggers criminal probe

24 November 2017

Slovakian police have frozen the bank account of a local attorney as they investigate a state entity’s decision to promise him a €77 million success fee to appear in a case at the Vienna International Arbitration Centre.

Argentina on way to having UNCITRAL Model Law

Argentina on way to having UNCITRAL Model Law

22 November 2017

The upper house of Argentina’s parliament has passed a bill adopting the UNCITRAL Model Law as part of a major overhaul of the country's arbitration legislation ahead of the IBA Arbitration Day in Buenos Aires next year.

Peru takes counsel as airport dispute threatens to take off

Peru takes counsel as airport dispute threatens to take off

21 November 2017

Peru has instructed a team from Sidley Austin as a dispute with a construction consortium over a cancelled US$525 million contract to build an airport looks likely to be submitted to ICSID arbitration.

Indian court refuses to stop SIAC dispute over power plant

Indian court refuses to stop SIAC dispute over power plant

21 November 2017

The High Court in Delhi has refused to issue an injunction to halt an over US$100 million SIAC arbitration over the development of a power plant, while finding that tribunals may pierce the corporate veil on grounds other than fraud.