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Enforcement and Set-Aside

Panama court sets aside award against non-signatories

Panama court sets aside award against non-signatories

14 May 2019

The Panamanian Supreme Court has partially annulled an award in favour of an Ecuadorean port authority that held affiliates of a Hong Kong conglomerate liable under a concession contract that they had not signed.

Iraqi state entity faces US enforcement bid

14 May 2019

A Canadian engineering company has asked a US court to confirm an ICC award against an Iraqi state-owned company in a dispute over the development of an oil field in southern Iraq.

Kazakhstan too late to challenge Soviet treaty award

Kazakhstan too late to challenge Soviet treaty award

10 May 2019

The High Court in London has refused to allow Kazakhstan a time extension to pursue a challenge to an award rendered nearly four years ago under an investment treaty signed by the former Soviet Union – holding that fresh evidence obtained by the state was not a “game-changer” that would justify reopening the jurisdictional issues in the case.

Swedish court won’t consult ECJ on ECT

Swedish court won’t consult ECJ on ECT

26 April 2019

A Swedish court considering whether to annul a €53 million Energy Charter Treaty award against Spain has refused to seek a preliminary ruling from the European Court of Justice on the treaty’s applicability in intra-EU investment disputes.

Award in Guinean bribery dispute made public

Award in Guinean bribery dispute made public

25 April 2019

An LCIA award worth US$2 billion that made findings of corruption in a dispute over an iron-ore mining project in Guinea has become public after being submitted to the US courts for enforcement.

Bolivian politician’s award enforced in Colorado

Bolivian politician’s award enforced in Colorado

23 April 2019

A Colorado court has confirmed a US$36 million award in favour of a Bolivian politician’s investment company against a Mexican cement group despite the fact it is still subject to annulment proceedings in Bolivia.

Challenging awards on a point of law: is Singapore moving against the trend?

Challenging awards on a point of law: is Singapore moving against the trend?

18 April 2019

As Singapore announces it is considering allowing appeals of arbitration awards on a point of law, Kohe Hasan and Justine Barthe-Dejean, partner and associate at Reed Smith (in alliance with Resource Law) in Singapore consider whether such a reform would be a move in the right direction.

Greece fails to sink shipyard award

Greece fails to sink shipyard award

17 April 2019

Greece has lost a challenge to an ICC award in favour of the Middle Eastern-owned operator of one of the country’s largest commercial shipyards – and has disputed a recent statement by the investor that the award has a total commercial value of more than €1.2 billion.

Dutch Supreme Court sides with Chevron

Dutch Supreme Court sides with Chevron

16 April 2019

As Ecuador challenges an UNCITRAL award that held it liable for denying justice to Chevron in a dispute over environmental contamination in the Amazon, the Dutch Supreme Court has upheld a set of earlier awards issued in the same high-profile arbitration.

Hong Kong award enforced in dispute over solar IPO

Hong Kong award enforced in dispute over solar IPO

11 April 2019

A US court has confirmed an HKIAC-administered award that held the founder and controlling shareholder of a Cayman-registered solar energy company liable for depriving former employees of the benefits of an initial public offering.