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Enforcement and Set-Aside

Heilbron rejects fraud claim against drone developer

Heilbron rejects fraud claim against drone developer

21 November 2019

British arbitrator Hilary Heilbron QC has thrown out claims by a leading US supplier of tactical military radio equipment that it was fraudulently induced into signing a distribution deal with a Canadian developer of drones.

UK Supreme Court hears appeal over arbitrator disclosure

UK Supreme Court hears appeal over arbitrator disclosure

13 November 2019

In a closely-watched appeal on whether an arbitrator should have disclosed his involvement in overlapping insurance cases arising from the Deepwater Horizon disaster in the Gulf of Mexico, the UK Supreme Court has been warned that English law on the issue is “out of step” with international practice.

Dutch court sets aside PDVSA award because of corruption

Dutch court sets aside PDVSA award because of corruption

06 November 2019

The Court of Appeal in The Hague has set aside an ICC award against a subsidiary of Venezuela’s state-owned oil and gas company PDVSA on the ground that the underlying contract was procured through corruption.

Guaidó fails to halt US enforcement against Venezuela

Guaidó fails to halt US enforcement against Venezuela

06 November 2019

Venezuelan opposition leader Juan Guaidó has failed to persuade a US court to stay the enforcement of an ICSID award worth over US$400 million – after the court said it “may take years” to stabilise the country and transition to another political regime.

ICSID committee lifts stay on Spain solar award

ICSID committee lifts stay on Spain solar award

30 October 2019

An ICSID annulment committee has lifted a stay of enforcement of an €101 million Energy Charter Treaty award against Spain – labelling the state’s arguments on conflicting international laws a “legal quagmire” of its own making.

Naftogaz freezes Gazprom assets in “fraudulent conveyance” claim

Naftogaz freezes Gazprom assets in “fraudulent conveyance” claim

28 October 2019

A Dutch court has agreed to freeze shares in a Gazprom subsidiary while it hears claims by Ukraine’s Naftogaz that the Russian oil company fraudulently transferred those shares to evade payment of a US$2.56 billion SCC award.

Russia fails to stay enforcement of Crimea award

Russia fails to stay enforcement of Crimea award

25 October 2019

The Paris Court of Appeal has refused to grant Russia a stay of enforcement of a US$1.1 billion treaty award in favour of a Ukrainian bank over expropriated assets in Crimea while it considers the state's application to set it aside.

French court upholds annulment over law firm conflict

French court upholds annulment over law firm conflict

25 October 2019

UPDATED: France’s Court of Cassation has refused to reinstate an ICC award in favour of Audi Volkswagen that was set aside because of a German arbitrator’s failure to disclose work undertaken by his law firm for the carmaker’s affiliate while the arbitration was pending.

Indian court addresses taxability of foreign awards

Indian court addresses taxability of foreign awards

25 October 2019

The Delhi High Court has upheld arguments by a Glencore affiliate that no withholding tax is permissible on a foreign arbitral award. Hatty Sumption of Clyde & Co and Sumeet Lall of CSL Chambers, who acted for Glencore in the dispute, report.

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

24 October 2019

A US appeals court has vacated a sole arbitrator’s award on the basis that he failed to disclose his ownership interest in the arbitral institution that administered the dispute – a precedent that a dissenting judge warns is likely to generate “endless litigation” in other cases.