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Enforcement and Set-Aside

London court holds first virtual trial in Kazakh enforcement dispute

London court holds first virtual trial in Kazakh enforcement dispute

02 April 2020

In response to the covid-19 coronavirus pandemic, the High Court in London has broadcast a virtual trial on YouTube for the first time in its history – as a group of Moldovan creditors attempt to enforce a US$541 million Energy Charter Treaty award against Kazakhstan.

In search of certainty: the Dutch appeal court decision in Yukos

In search of certainty: the Dutch appeal court decision in Yukos

01 April 2020

Simon Rainey QC and Gaurav Sharma of Quadrant Chambers in London consider the legal and practical implications of the recent Hague Court of Appeal decision reinstating the US$50 billion Yukos awards against Russia.

Steelmaker denied asset freeze in conspiracy suit

Steelmaker denied asset freeze in conspiracy suit

31 March 2020

The English Commercial Court has refused to grant a worldwide freezing order against the Essar group and two of its owners, saying steelmaker ArcelorMittal had not shown a good arguable case that they conspired to frustrate enforcement of a US$1.5 billion ICC award.

Spain solar investors join enforcement queue in US

Spain solar investors join enforcement queue in US

26 March 2020

A group of UK investors in the thermosolar power sector have become the latest of Spain’s arbitral creditors to apply for enforcement in the US courts – making their award public for the first time.

Lithuanian creditor pursues Tajik airline in DC

Lithuanian creditor pursues Tajik airline in DC

25 March 2020

A Lithuanian company has applied to a US court to enforce a US$20 million award against Tajikistan’s state-owned airline concerning leases for two Boeing aircraft.

Dos Santos enforcement action heads to trial in BVI

Dos Santos enforcement action heads to trial in BVI

25 March 2020

A court in the British Virgin Islands has refused to grant summary enforcement of a US$646 million ICC award against a company owned by Isabel dos Santos, the embattled Angolan billionaire at the centre of the “Luanda Leaks”.

Hungary fails to reopen intra-EU BIT awards

Hungary fails to reopen intra-EU BIT awards

18 March 2020

Hungary has failed to persuade ICSID panels to annul or revise a pair of intra-EU BIT awards in favour of European investors in light of the Achmea ruling.

Rosneft subsidiary spared enforcement in Texas

Rosneft subsidiary spared enforcement in Texas

16 March 2020

A US court has ruled it has no jurisdiction to enforce a Stockholm Chamber of Commerce award worth more than US$200 million against a subsidiary of Russia’s Rosneft.

Law firm defeats suit over alleged non-disclosure to funder

Law firm defeats suit over alleged non-disclosure to funder

16 March 2020

The High Court in London has thrown out a lawsuit that accused solicitors of breaching a litigation funding agreement by failing to tell the funder about “pessimistic” views of their barristers as to the prospects of success of the enforcement action being funded.

Indian Supreme Court enforces LCIA award despite foreign exchange rules

Indian Supreme Court enforces LCIA award despite foreign exchange rules

12 March 2020

Practitioners in India have welcomed a ruling by the country’s Supreme Court affirming that an LCIA award ordering the sale of shares at a discount can be enforced, even if found to be inconsistent with Indian foreign exchange rules.