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Enforcement and Set-Aside

Finnish investor takes Egypt award to US court

Finnish investor takes Egypt award to US court

10 August 2020

A Finnish businessman has asked a US court to enforce an investment treaty award worth more than US$115 million he won against Egypt over the loss of his iron and steel business and his imprisonment – the fourth jurisdiction where he has sought enforcement.

Romania to challenge award over environmental clean-up

Romania to challenge award over environmental clean-up

10 August 2020

Romania has issued a call for counsel as it prepares to challenge a €59 million ICC award won by Austrian oil and gas group OMV over the state’s failure to pay environmental clean-up costs.

Chevron defeats bid to enforce Amazonian pollution judgment

Chevron defeats bid to enforce Amazonian pollution judgment

06 August 2020

The Argentine Supreme Court has refused to enforce a US$9.5 billion judgment against Chevron over environmental pollution in the Amazon that an UNCITRAL tribunal has found to be a denial of justice.

NAFTA award upheld in Canada

NAFTA award upheld in Canada

31 July 2020

A Canadian court has rejected Mexico’s challenge to a partial award that upheld jurisdiction over a US$450 million NAFTA claim by a group of US investors in the country’s gaming industry.

Hilton can quiz partner over assets in Maldives

Hilton can quiz partner over assets in Maldives

27 July 2020

The Singapore Court of Appeal has ruled that US hotel group Hilton can gather information about assets in the Maldives held by its former business partner to help execute a pair of ICC awards – even though the Maldivian courts have so far denied enforcement.

Spain and France not immune from oil spill suits

Spain and France not immune from oil spill suits

24 July 2020

The Commercial Court in London has ruled that Spain and France cannot invoke sovereign immunity to avoid litigation brought by an insurance club over the two states’ alleged failure to honour arbitral awards relating to an oil spill in the Atlantic 18 years ago.

Three takes on the same corruption allegations

Three takes on the same corruption allegations

23 July 2020

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats in Paris argue that the Swiss, French and UK courts’ different treatment of an ICC award against Alstom highlights the need for more uniformity in the approach to corruption allegations in international arbitration.

Shell faces challenge to Malaysian oil platform award

Shell faces challenge to Malaysian oil platform award

22 July 2020

A Malaysian state-owned shipping company has applied to set aside an award worth over US$340 million won by a Shell subsidiary at the Asian International Arbitration Centre in a dispute over one of the country’s largest offshore oil fields.

Clifford Chance partner criticised in Deripaska feud

Clifford Chance partner criticised in Deripaska feud

21 July 2020

The Commercial Court in London has criticised Clifford Chance international arbitration partner Marie Berard for “lack of objectivity” after dismissing her client’s bid to have Russian businessman Oleg Deripaska committed to prison for contempt of court.

Dutch appeal court recognises award against Kazakhstan

Dutch appeal court recognises award against Kazakhstan

21 July 2020

The Amsterdam Court of Appeal has recognised a US$543 million Energy Charter Treaty award won by Moldovan investors Anatolie and Gabriel Stati against Kazakhstan – ruling the state had not established that alleged fraud had any “material effect” on the award.