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Enforcement and Set-Aside

Rosneft subsidiary targeted in Texas

Rosneft subsidiary targeted in Texas

15 January 2019

A Texan oil company backed by a third-party funder has asked the US courts to enforce a Stockholm Chamber of Commerce award worth more than US$200 million against a subsidiary of Rosneft that was found to have engaged in fraud in connection with a joint venture in Siberia.

Egypt seeks to annul award over approach to corruption “red flags”

Egypt seeks to annul award over approach to corruption “red flags”

11 January 2019

Egypt has applied to annul an ICSID award ordering it to pay US$2 billion to a joint venture between Spain’s Naturgy and Italy’s Eni – suggesting that by advancing its own explanation of “red flag” indications of corruption by the venture’s local partner, the tribunal denied the state its right to be heard.

“Sham” Cairo award - ICC seeks to intervene

“Sham” Cairo award - ICC seeks to intervene

03 January 2019

The ICC International Court of Arbitration has asked a US court for permission to file an amicus curiae brief in support of Chevron’s attempts to prevent enforcement of a US$18 billion award that the energy company alleges was issued by a sham arbitral institution in Cairo.

Naftogaz turns to US courts in battle with Gazprom

Naftogaz turns to US courts in battle with Gazprom

13 December 2018

Ukraine’s national oil and gas company Naftogaz has asked the US courts for help in obtaining information about Gazprom’s European assets in connection with its efforts to enforce a US$2.56 billion SCC award.

LCIA award enforced in Ukraine despite “collusion” claim

LCIA award enforced in Ukraine despite “collusion” claim

13 December 2018

The Kiev Court of Appeal has ruled that an LCIA award against a subsidiary of Ukraine’s Naftogaz should be enforced even though local anti-corruption and competition authorities believe the underlying contract was procured unlawfully.

Arbitrators convicted in Qatar

Arbitrators convicted in Qatar

12 December 2018

Three prominent arbitrators have been convicted and sentenced to imprisonment by a court in Qatar in connection with their role on a tribunal that issued an award against a relative of the Qatari royal family.

Swiss court upholds treaty award against India

Swiss court upholds treaty award against India

11 December 2018

The Swiss Federal Supreme Court has rejected India’s challenge to an UNCITRAL award in favour of Deutsche Telekom – marking the second time it has publicly deliberated over an investment treaty case in as many months.

Romania faces ECJ action over Micula payout

Romania faces ECJ action over Micula payout

10 December 2018

The European Commission has said it will refer Romania to the European Court of Justice over the state’s failure to recover up to €92 million in illegal state aid allegedly granted to the Micula brothers to comply with an ICSID award – even though the brothers deny having been paid such an amount.

English court to rule on ownership of Kazakh assets

English court to rule on ownership of Kazakh assets

07 December 2018

The Commercial Court in London has ruled that it has jurisdiction to decide issues relating to the ownership of US$530 million in funds that were frozen by the Belgian courts in support of a bid to enforce an Energy Charter Treaty award against Kazakhstan.

Award upheld in battle of banks

Award upheld in battle of banks

06 December 2018

A Nigerian "bad bank" has failed in an attempt to set aside an LCIA award won by Qatar National Bank in a dispute over share dividends, after the Commercial Court in London held that the challenge was “no more than a thinly disguised attack on the correctness of findings made by the tribunal.”