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Commercial Arbitration

Qatari state entity secures partial award in hospital dispute

Qatari state entity secures partial award in hospital dispute

13 May 2020

An ICC tribunal has made findings on liability in a long-running dispute between a Qatari state-backed entity and a construction joint venture over a £1.9 billion contract to build a medical facility in Doha.

Senegalese state entity defeats electricity claim

Senegalese state entity defeats electricity claim

11 May 2020

Senegal’s state electricity company has defeated a US$258 million ICC claim by a US supplier over an aborted power plant project.

UK court clarifies principles on governing law

UK court clarifies principles on governing law

11 May 2020

The Court of Appeal in London has restrained a party to a pending ICC arbitration from pursuing litigation in Moscow – setting out criteria for determining the proper law governing an arbitration agreement and affirming its power to grant anti-suit injunctions when named as the court of the seat.

Clyde & Co may face claim for breach of trust

Clyde & Co may face claim for breach of trust

06 May 2020

A Chinese state-owned company is contemplating a claim against Clyde & Co for breach of trust over the law firm’s failure to release US$17 million posted by a client as security in a Singapore arbitration.

Kyrgyzstan on the hook for roadworks award

Kyrgyzstan on the hook for roadworks award

04 May 2020

A US court has ruled that Kyrgyzstan cannot escape enforcement of a US$25 million award rendered in favour of a Turkish roadbuilder against the country’s ministry of transport.

ICC panel hears South Korean IPO dispute

ICC panel hears South Korean IPO dispute

30 April 2020

Investors in a South Korean insurance provider are pursuing a US$2 billion ICC claim against its chief executive officer after the insurer failed to carry out an initial public offering.

Circumventing arbitration via a winding-up petition

Circumventing arbitration via a winding-up petition

30 April 2020

After a long-awaited ruling by the Singapore Court of Appeal, Debby Lim of restructuring and insolvency boutique BlackOak and Arvin Lee of Wee Swee Teow in Singapore consider how creditors may seek to circumvent an arbitration agreement by means of a winding-up petition and how a debtor can combat such moves.

Singapore winding-up stayed to avoid “greater injustice”

Singapore winding-up stayed to avoid “greater injustice”

30 April 2020

The Singapore Court of Appeal has upheld a stay of winding-up proceedings in favour of arbitration, holding that to find the debtor in abuse of process because of its inconsistent conduct risked an “even greater injustice” by permitting a creditor to enforce a potentially illegal claim.

Rolls-Royce seeks US Supreme Court ruling on scope of discovery

Rolls-Royce seeks US Supreme Court ruling on scope of discovery

29 April 2020

British engineering company Rolls-Royce has asked the US Supreme Court to rule on whether the country's courts can grant discovery in aid of foreign commercial arbitrations.

Boeing faces claim over cancelled merger

Boeing faces claim over cancelled merger

28 April 2020

Brazilian aerospace company Embraer has launched an arbitration against Boeing after the US aircraft maker pulled out of a US$4.2 billion merger.