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Commercial Arbitration

Mitsubishi knocks billions off nuclear claim

Mitsubishi knocks billions off nuclear claim

Premium article - 14 March 2017

A San Francisco-seated ICC tribunal has upheld only US$125 million of a reported claim of some US$7 billion brought by a unit of US utility company Edison against Japan's Mitsubishi – and ordered the claimants to pay US$58 million in legal fees.

Kabul power plant award upheld in UK

Kabul power plant award upheld in UK

Premium article - 14 March 2017

An English court has upheld an ICC award won by an Afghan contractor in a dispute over a power station near Kabul’s international airport – while criticising a “wholly inappropriate” e-mail that one of the arbitrators sent to the party that appointed him.

Back to the races: another DIAC claim in Dubai track dispute

Back to the races: another DIAC claim in Dubai track dispute

Premium article - 13 March 2017

Two years after winning a DIAC award in a dispute over the construction of a Dubai racecourse that gave rise to a liability suit against the arbitrators, a Malaysian company and its joint venture partner are facing a fresh claim from a Chinese subcontractor in the same project.

Citigroup wins second award against Abu Dhabi fund

Citigroup wins second award against Abu Dhabi fund

Premium article - 06 March 2017

Citigroup appears to have prevailed in the second of two multibillion-dollar arbitrations with a United Arab Emirates sovereign wealth fund but its petition to confirm the award in New York has been placed under seal.

Dow fails to weed out patent award

Dow fails to weed out patent award

Premium article - 02 March 2017

A US appeals court has upheld the enforcement of a US$455 million ICC award against a Dow Chemical subsidiary for breach of a patent licence agreement with a German producer of herbicide to kill off highly resistant "superweeds".

Tata and Docomo end multi-front enforcement battle

Tata and Docomo end multi-front enforcement battle

Premium article - 28 February 2017

Japanese mobile phone operator NTT Docomo and India’s Tata Sons have entered into a settlement deal to facilitate payment of a US$1.18 billion LCIA award in Docomo’s favour, ending the parties’ enforcement battles in Delhi, New York and London.

Sole arbitrator rules on Romanian call option

Sole arbitrator rules on Romanian call option

Premium article - 20 February 2017

A week after winning €401 million against Italy’s Enel, a Romanian state entity has won part of its counterclaim against an arm of German energy group E.ON, in the latest phase of another major arbitration to arise out of privatisations in Romania’s electricity market.

Trinidad natural gas dispute taken to US court

Trinidad natural gas dispute taken to US court

Premium article - 20 February 2017

A Spanish energy company has applied to a US court to set aside an UNCITRAL award rejecting its claim against a Caribbean liquid natural gas producer – accusing the tribunal of making it “procedurally impossible” for the company to prevail.

Win follows loss in Romania's battle with Enel

Win follows loss in Romania's battle with Enel

Premium article - 15 February 2017

An ICC tribunal has awarded a Romanian state entity €401 million in an arbitration with Italy's Enel over a put option clause in an agreement to privatise an electricity distributor – less than a year after the state entity lost a separate US$1.2 billion ICC claim relating to the same contract.

Headache over for GlaxoSmithKline

Headache over for GlaxoSmithKline

Premium article - 07 February 2017

TRIBUNAL ADDED. A Debevoise & Plimpton team has won US$40 million award for GlaxoSmithKline in two ICC arbitrations with fellow pharmaceutical company Pernix over an agreement to manufacture and distribute a leading migraine drug in the US.