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Enforcement and Set-Aside

Clorox revives claim against Venezuela

Clorox revives claim against Venezuela

29 May 2020

US-based cleaning products group Clorox has been given another shot at its US$185 million investment treaty claim against Venezuela after persuading a Swiss court to overturn a negative jurisdictional ruling.

Steinmetz: Brazilian miner’s anti-bribery checks were a “sham”

Steinmetz: Brazilian miner’s anti-bribery checks were a “sham”

22 May 2020

Israeli businessman Beny Steinmetz has accused Brazilian mining company Vale of wilfully ignoring potential corruption risks when it entered into a joint venture with his eponymous mining group a decade ago.

Kazakhstan’s request for new fraud trial rebuffed in Sweden

Kazakhstan’s request for new fraud trial rebuffed in Sweden

21 May 2020

The Swedish Supreme Court has refused to hear fresh allegations by Kazakhstan that a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati was obtained by fraud.

Enforcement of Micula award upheld in US

Enforcement of Micula award upheld in US

20 May 2020

A US appeals court has upheld a decision to enforce the Micula brothers’ US$356 million ICSID award against Romania, affirming that the underlying agreement to arbitrate was not nullified by the country’s accession to the European Union.

Indian arbitrator cleared of bias in Singapore

Indian arbitrator cleared of bias in Singapore

20 May 2020

Singapore’s international commercial court has upheld a US$100 million ICC award relating to a five-star hotel project near Kolkata, rejecting arguments that Indian arbitrator Harish Salve SA showed bias by only belatedly disclosing a co-counsel relationship with the winning side’s law firm.

Setback for Ukraine in treaty award enforcement challenge

Setback for Ukraine in treaty award enforcement challenge

19 May 2020

A US court has blocked Ukraine from pleading new grounds as it opposes enforcement of a US$112 million investment treaty award in favour of Russian oil and gas producer Tatneft.

Vodka assets seized in Yukos case

Vodka assets seized in Yukos case

18 May 2020

The former majority shareholders of Yukos have seized two vodka trademarks owned by Russia in the Netherlands as they seek to enforce the recently reinstated US$50 billion Energy Charter Treaty awards they won against the state.

US Supreme Court won’t hear appeal over PDVSA asset seizure

US Supreme Court won’t hear appeal over PDVSA asset seizure

18 May 2020

The US Supreme Court will not hear an appeal against a ruling that allowed Canadian mining company Crystallex to seize shares in a US refinery business owned by Venezuela’s national oil and gas company PDVSA to satisfy a US$1.2 billion ICSID award.

Guatemala held liable in resubmitted ICSID claim

Guatemala held liable in resubmitted ICSID claim

14 May 2020

A US energy company has reportedly won US$55 million in additional damages in a resubmitted ICSID claim against Guatemala over electricity tariffs, although a large part of the claim was dismissed.

Is “public policy” back to haunt enforcement in India?

Is “public policy” back to haunt enforcement in India?

07 May 2020

Ila Kapoor and Shruti Sabharwal of Shardul Amarchand Mangaldas & Co consider whether the Indian Supreme Court’s recent refusal to enforce a foreign award on public policy grounds has turned the clock backwards.