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Enforcement and Set-Aside

Stati v Kazakhstan: the winner takes it all?

Stati v Kazakhstan: the winner takes it all?

11 July 2018

High-profile attachments obtained by Moldovan creditors against billions of dollars in Kazakh state assets highlight the importance of choosing the right enforcement strategy, say partner Deborah Ruff and counsel Julia Kalinina Belcher of Pillsbury Winthrop Shaw Pittman in London.

Chinese company enforces award in Delhi despite arguments based on CIETAC split

Chinese company enforces award in Delhi despite arguments based on CIETAC split

11 July 2018

A US$16 million award won by a Chinese solar power company against an Indian counterpart has been enforced in Delhi, after a court rejected suggestions that the case had been incorrectly administered by China’s leading arbitration provider, CIETAC, following its 2012 split with its Shanghai branch.

What RBRG v Sinocore tells us about resisting enforcement of awards on public policy grounds

11 July 2018

In light of the recent decision of the English Court of Appeal in RBRG Trading v Sinocore, Watson Farley Williams partner Andrew Hutcheon and associates Nick Payne and Edward Cohen consider the scope to resist enforcement of arbitration awards on public policy grounds, particularly under English law.

ZTE fights to reinstate Liberian telecoms award

ZTE fights to reinstate Liberian telecoms award

10 July 2018

Sanctions-busting Chinese telecoms company ZTE is fighting to reinstate an ICDR award in a dispute over a project in Liberia where it was accused of bribing government officials with paper bags full of cash.

Enforcement of Swedish award halted in Ukraine

Enforcement of Swedish award halted in Ukraine

10 July 2018

A Ukrainian government agency says the country’s Supreme Court has overturned a decision to enforce a US$260 million Stockholm Chamber of Commerce award against a state-owned fertiliser company.

Russia’s richest woman takes VIAC award to California

Russia’s richest woman takes VIAC award to California

10 July 2018

A businesswoman described by Forbes as Russia’s only female billionaire has asked a California court to enforce an US$11.5 million VIAC award against a Swiss national who failed to repay a series of loans.

Conoco targets proceeds of PDVSA fraud litigation

Conoco targets proceeds of PDVSA fraud litigation

09 July 2018

US energy multinational ConocoPhillips has accused Venezuela’s state-run oil company PDVSA of fraudulently trying to shield the potential proceeds of a billion-dollar fraud litigation in Florida from the reach of its arbitral creditors.

Bolivian opposition leader alleges court bias after award challenge

Bolivian opposition leader alleges court bias after award challenge

04 July 2018

The investment company of a Bolivian former presidential candidate has asked a US court to press ahead with enforcement of a US$40 million award that has been subject to set-aside proceedings in Bolivia – arguing that it is “uniquely vulnerable” to bias in those courts in light of the judiciary’s lack of independence from the government of President Evo Morales.

US court upholds award against Argentina despite alleged Kaufmann-Kohler conflict

US court upholds award against Argentina despite alleged Kaufmann-Kohler conflict

04 July 2018

A US appeals court has upheld a decision to enforce a US$21 million UNCITRAL award against Argentina – despite the state’s allegations that Swiss arbitrator Gabrielle Kaufmann-Kohler had a conflict of interest due to her role as a director in Swiss bank UBS.

Indonesian company seeks to enforce award issued during BANI schism

Indonesian company seeks to enforce award issued during BANI schism

29 June 2018

An Indonesian finance company has applied to a New York court to enforce an award won issued under the auspices of one of the two competing organisations that claim to be the legitimate successor to Indonesia’s national arbitration institution, BANI.