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Commercial Arbitration

ICC hears dispute over Korean “smart city”

ICC hears dispute over Korean “smart city”

09 April 2019

A New York-based real estate investment group has lodged an ICC claim over a US$35 billion project to build a sustainable city near Seoul, accusing its Korean partner of fraudulently seeking to oust it from the joint venture.

Cayman disclosure order upheld in aid of enforcement abroad

Cayman disclosure order upheld in aid of enforcement abroad

08 April 2019

The Grand Court of the Cayman Islands has upheld a disclosure order in aid of efforts to enforce a US$1.5 billion ICC award, finding it did not matter that the relief was sought in aid of foreign rather than domestic enforcement proceedings.

Djibouti liable over deal with Chinese port operator

Djibouti liable over deal with Chinese port operator

05 April 2019

An LCIA tribunal has ordered Djibouti to pay $533 million to a subsidiary of Emirati port operator DP World after finding that the east African state breached the company’s exclusivity rights by pursuing the development of container port facilities with a rival Chinese operator.

Ecuador pipeline claim withdrawn after tax reform

Ecuador pipeline claim withdrawn after tax reform

04 April 2019

An international consortium that operates a major crude oil pipeline in Ecuador has withdrawn an UNCITRAL claim worth $470 million against the state in the wake of changes to its tax regime.

South Korean state entity defends award in Singapore

South Korean state entity defends award in Singapore

03 April 2019

The Singapore High Court has upheld an ICC award in favour of a South Korean state-owned company despite allegations that it obtained the award fraudulently by failing to call key witnesses or disclose certain internal documents in the arbitration.

English search measures upheld in Indian steel dispute

English search measures upheld in Indian steel dispute

03 April 2019

The English Commercial Court has upheld measures that allowed steelmaker ArcelorMittal to search the London offices of an affiliate of India’s Essar Group in support of a bid to enforce a US$1.3 billion ICC award.

Hong Kong arbitrations to get interim relief in China

Hong Kong arbitrations to get interim relief in China

02 April 2019

UPDATED: In a move welcomed by practitioners in the region, the Hong Kong government and China’s Supreme People’s Court have entered an arrangement that will allow courts in mainland China to order interim measures in support of institutional arbitrations seated in Hong Kong.

Italian-French eyewear merger leads to ICC claim

Italian-French eyewear merger leads to ICC claim

01 April 2019

Following a €50 billion merger that created the world’s largest eyewear maker, EssilorLuxottica, the Italian partner in the merged company has launched an ICC case to resolve a dispute over its governance.

ICC panel stays PDVSA case after Guaidó intervenes

ICC panel stays PDVSA case after Guaidó intervenes

27 March 2019

An ICC tribunal has stayed a US$265 million case involving Venezuela’s national oil and gas company PDVSA – as the country’s self-declared acting president Juan Guaidó tells ICSID it should not accept any submissions by lawyers representing the government of Nicolás Maduro.

Petrobras and Uruguay see end to ICC dispute

Petrobras and Uruguay see end to ICC dispute

26 March 2019

An ICC tribunal seated in Buenos Aires has granted declaratory relief in favour of Brazil’s state-run energy company Petrobras against Uruguay in a dispute over the rising cost of gas imports – while dismissing its $50 million damages claim.