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Enforcement and Set-Aside

Samsung fights enforcement in Australia

Samsung fights enforcement in Australia

21 August 2019

A Spanish-owned construction company has applied to an Australian court to enforce a pair of awards against the construction arm of South Korea’s Samsung in a billion-dollar dispute over work on a mining project.

Venezuela’s challenge to ICSID award dries up

Venezuela’s challenge to ICSID award dries up

21 August 2019

An ICSID committee has discontinued proceedings brought by Venezuela to annul a US$42 million award in favour of a French investor after the state failed to make an advance payment of costs – while enforcement battles continue in the US courts.

Mega-award against Nigeria enforced in London

Mega-award against Nigeria enforced in London

16 August 2019

An English court has said it will permit a British Virgin Islands company to enforce a US$9.6 billion award against Nigeria arising from a failed gas deal – rejecting the west African state’s arguments that the arbitrators had granted “punitive” damages.

UK court adjourns bid to enforce Nigerian airport award

UK court adjourns bid to enforce Nigerian airport award

15 August 2019

The High Court in London has adjourned a Nigerian property developer’s application to enforce an award worth over US$120 million against the west African state’s airports authority, pending the outcome of related litigation in the Nigerian courts.

Eni pays award over “frustrated” LNG import deal

Eni pays award over “frustrated” LNG import deal

08 August 2019

Italian energy company Eni has paid €330 million to satisfy an ICDR award after prevailing on its claim that a long-term contract for regasification and import services was frustrated by the shale gas revolution in the United States.

Saudi Aramco escapes US$18 billion enforcement bid

Saudi Aramco escapes US$18 billion enforcement bid

07 August 2019

A US court has dismissed a bid by a group of Saudi and Egyptian claimants to enforce a US$18 billion award against Saudi Aramco allegedly issued by a “sham” institution after it concluded the company was not listed on the award.

Kazakh assets remain frozen in Sweden

Kazakh assets remain frozen in Sweden

06 August 2019

A court in Stockholm has upheld the attachment of US$84 million of assets frozen at the behest of a group of Moldovan creditors seeking to enforce a US$530 million Energy Charter Treaty award against Kazakhstan – as the role of a third-party funder in the dispute comes to light.

Russia fails to disqualify Yukos “go to guy”

Russia fails to disqualify Yukos “go to guy”

05 August 2019

A Canadian court has rejected Russia’s bid to disqualify a US academic from giving expert evidence on behalf of a former investor in the defunct Yukos Oil Company, finding that the fact he may have become the “go to guy” for parties suing the state did not prove that he lacked independence.

Treaty award enforced against Ukraine on home turf

Treaty award enforced against Ukraine on home turf

29 July 2019

The Kiev Court of Appeal has enforced a US$12 million investment treaty award won by a London-listed oil and gas company against Ukraine.

Iran denied interest on ICC award because of EU sanctions

Iran denied interest on ICC award because of EU sanctions

25 July 2019

An English court has ruled that a UK government-owned supplier of military vehicles is not liable to pay interest on a £128 million award in favour of Iran’s Ministry of Defence that has accrued while it has been subject to EU sanctions.